LOOTERS 
 
 OF THE 
 
 PUBLIC DOMAIN 
 
 S. A. D. PUTER 
 
 KING OF THE OREGON LAND FRAUD RING 
 
 IN COLLABORATION 
 WITH 
 
 HORACE STEVENS 
 
 LATE OF THE doVERNMENT 
 LAND SERVICE 
 
 EMBRACING A COMPLETE EXPOSURE OF THE 
 
 FRAUDULENT SYSTEM OF ACQUIRING 
 
 TITLES TO THE PUBLIC LANDS 
 
 OF THE UNITED STATES 
 
 PROFUSELY ILLUSTRATED WITH SPLENDID HALFTONE 
 ENGRAVINGS AND ETCHINGS OF IMPORTANT INCI- 
 DENTS CONNECTED WITH THE DIFFERENT 
 TRIALS, TOGETHER WITH THE LATEST 
 PHOTOGRAPHS OF THE PRINCI- 
 PAL ACTORS IN THE GREAT 
 LAND FRAUD DRAMA 
 
 Portland, Oregon, 1908 
 
 THE PORTLAND PRINTING HOUSE 
 
 PUBLISHERS 
 

 ^^^^ 
 
 
 
 Copyright, 1907 
 
 By S. a. D. Puter and 
 
 Horace Stevens 
 
TO THE MEMORY 
 OF 
 
 DAVY CROCKETT 
 
 ONE OF THE SAINTED HEROES OF THE ALAMO, WHO 
 
 GAVE VOICE TO THE IMMORTAL 
 
 EXPRESSION 
 
 "FIRST BE SURE YOU'RE RIGHT 
 THEN GO AHEAD" 
 
 THIS VOLUME IS RESPECTFULLY DEDICATED 
 BY 
 
 THE AUTHORS 
 
 226483 
 
Introductory 
 
 By Horace Stevens 
 
 FROM the dismal recesses of a prison cell, S. A. D. Puter, the acknowledged 
 leader of the Oregon land- fraud ring, who was pardoned by the President, 
 
 December 31, 1907, after serving 17 months of a two-years' sentence in | 
 the Multnomah County jail for conspiracy to defraud the Government of its r 
 
 public lands, has sent forth through these pages a series of narratives that i^ \ 
 
 reasonably certain to stimulate deliberate thought and give expression to intelli- 
 gent opinion in every quarter penetrated by the recitals. In them are depicted 
 conditions, the revelation of which ought to have a tendency to awaken the law- 
 makers of the country to the necessity for providing legal safeguards against all 
 such contingencies. Through this medium, courts may ultimately come to per- 
 ceive the importance for removing most of the rigid bars that now operate as a 
 protection to the criminal element, and permit the introduction of apparently 
 irrelevant lines of testimony that material evidence might be fortified. 
 
 The whole civilized world has a listening ear to the ground, trained in 
 the endeavor to catch some sound that will appeal to the harmonies of human 
 nature ; that will operate to lighten the burdens of existence, and foster the higher 
 principles of life. The better elements of/society are ever on the alert to gain 
 new ideas that will aid in the development of these commendable features, and 
 I am convinced that this work, unclassic as it may seem at times in expression, 
 cannot fail to fulfill some hopeful expectation of that character. 
 
 I have collaborated throughout with Mr. Puter in the preparation of the 
 book, under very trying conditions, and together we have endeavored to clothe 
 the different narratives with some degree of human interest, commensurate with 
 a strict adherence to the element of fact. Furthermore, out of all the mass 
 of information bearing upon the subject that has been .furnished me by the 
 author, I have selected only such portions that appealed to me as having anf 
 important relationship to the whole fraudulent system, realizing full well the 
 utter impossibility of publishing in one volume even the meagre details of the 
 various transactions in which Mr. Puter has figured, covering a period of at 
 least a quarter of a century. 
 
 It may be urged by some that the printing of such a book, exposing, as 
 it does, numerous human frailties, can accomplish no genuine benefit to mankind, 
 but I beg to take issue with all such criticism. Several local clergymen, besides 
 many others vitally interested in the problems afifecting racial advancement, have 
 become deeply concerned in this publication, and have urged me repeatedly to 
 probe the ulcer to the bottom, upon the hypothesis that the light of day would 
 furnish ample remedy for any existing social ill. We have therefore undertaken, 
 without fear or favor, or the exhibition of the slightest particle of rancor, to 
 comply with this seemingly spontaneous demand, and present herewith what we 
 know to be the truth, let the blows fall where they may. If they are productive 
 of bleeding hearts, then it is because those organs are of the same quality of 
 weakness that distinguished a failure to resist temptation. 
 
 It was in the destiny of things that the extensive land- frauds prevalent 
 upon the Pacific Coast should have been exposed, just the same as it is natural 
 that any congestion shall finally be relieved. Great floods may overflow a river's 
 
 Page 7 
 
banks, but we realize that if is not an everlasting condition ; epidemics may- 
 devastate communities, thoug-h history shows their existence is short-Hved, and 
 that nothing- abnormal is ever eternal. Consequently, the problems incident to 
 the looting of the public domain were gradually working out their own solution, 
 and made palpably so by reason of the fact that the disciples of the wrong were 
 becoming .so bold in their operations, and blazing such a well-defined trail, that 
 the conclusion to their rascalities was plainly inevitable. 
 
 One of the most significant of the many morals pointed by the different 
 narratives in these pages is the powerful emphasis to the old-fashioned creed 
 that honesty is always the best policy. Although Mr. Puter has gone very 
 thoroughly into details concerning numerous fraudulent land transactions, it 
 does not appear that he profited to any great extent by any of his crooked deals, 
 and in most instances whatever he made by these unlawful operations was con- 
 sumed by expenses incident to getting his bogus claims through the Land 
 Department, or by the adoption of desperate and costly efforts to cover up his 
 tracks. The gross proceeds of the notorious 11-7 deal aggregated but $10,080, 
 all of which went to pay the price of corruptive tactics, leaving him practically 
 without a dollar to face the criminal charge remaining as the only legacy of 
 his wrong-doing. 
 
 Experience and philosophy teach us that there is a cause for every effect, 
 and the influences at work with sufficient vigor to impel men to risk life and 
 liberty in their efforts to wrongfully acquire Government lands, were not of a 
 character to reflect general discredit upon the citizenship of Oregon, merely be- 
 cause there were those within her borders base enough to permit greed and graft 
 and their love for Mammon to run amuck with principle. 
 
 It is one of the most remarkable features of the whole situation that while 
 dishonesty was the basis of these frauds, many of their perpetrators were 
 punished upon the threshold of their offenses, among their friends and neigh- 
 bors, and by juries composed for the most part of those who had been life-long 
 associates of the accused, and naturally entertained, sympathetic interest in their 
 behalf, if there was any sort of compassion one way or the other. 
 
 It may be said, also, to the everlasting credit of the manhood of Oregon, 
 that there was no shirking of duty when it came to a question of dealing out 
 the full measure of justice to the guilty. The eyes of humanity were fixed 
 upon each person sitting in judgment as a juror in the various cases, and the 
 honorable part of the whole world applauded every verdict returned. Rank 
 cut no figure with them. All criminals looked alike to Oregon juries. Thus, a 
 United States Senator, a Congressman, two former United States Attorneys, sev- 
 eral members of the State Legislature, and others of more or less political re- 
 nown, were actually convicted, while another Congressman, numerous personages 
 in the millionaire class, and many others of greater or less degree of prominence 
 in the political, commercial and social sides of life, have been indicted, and are 
 now awaiting their fates with chilling marrows. Further along I present a 
 complete list of all the indictments that have been returned up to the present 
 time in connection with recent land frauds by the Federal grand juries of Oregon, 
 together with a brief synopsis of the social status of each person implicated 
 thereby. While it may seem appalling, in a way, it is not without its morals, 
 because it indicates more plainly than words of mine can portray that Justice 
 has stalked in blindfolded fashion through the ranks of crime. 
 
 Portland, more beautiful than Palmyra of old, with a moral refinement 
 and culture that shines with lustrous brilliancy in the galaxy of Northwestern 
 cities, and famed as the most healthy municipality of the world in civic and 
 climatic conditions, had no important share in these land frauds, after all the 
 aspersions that have been heaped upon her fair name. 
 
 Oregon, one of the grandest regions of the universe, whose light is fast 
 emerging from the bushel under which her charms have been so long hidden, 
 does not hive all the land rogues of creation by any means, and never reared 
 
 Page 8 
 
within her borders the soul so base as to inspire this wholesale depredation ; 
 and I hurl back in the teeth of those who have been foul enough to make the 
 charge, the contemptible reflection that has been cast upon her law-abiding 
 community. ^- — , 
 
 Practically all the arrangements for this immense plunder originated i 
 among unscrupulous residents of distant parts — in the ranks of the devout 
 moneyed aristocracy beyond the Rocky Mountains, and it has remained for the ) 
 honest manhood of Oregon to redeem the commonwealth from the stigma of 
 dishonor that has been written across its fair name by the polluted hands of 
 Eastern commercial greed. 
 
 Careful analysis of the situation indicates that most of these stupendous 
 schemes of plunder were concocted in the cunning minds of those who had made 
 a life-study of the subject. Upon the States of Minnesota, Wisconsin and 
 Michigan rests the principal burden for this kind of offspring, because they 
 produced — 
 
 A JIM HILL, with his Rainier Mountain Forest Reserve steal of the 
 Northern Pacific; 
 
 A WEYERHAEUSER, with his tainted timber wealth that has made him 
 "Richer than Rockefeller ;" 
 
 A THOMAS B. WALKER, with his 500,000-acre grab of the public 
 domain in California and Oregon, and his celebrated art gallery in 
 Minneapolis, famed for its rare exhibit of $100 bills on the back 
 of picture frames as a kindly remembrance to needy Special Agents 
 of the Land Department ; 
 
 A C. A. SMITH, with his army of "dummy" entrymen, and his 100,000 
 acres of perjured titles, which the Government ought to cancel. 
 
 And a host of others who are responsible for present conditions. They 
 are the ones upon whom these crimes should be fastened ; they are the ones who 
 have waxed fat in the grease of loot at the expense of the rising generations 
 of the West — who, after committing their base robberies, have attempted to 
 affix its stain upon a proud-spirited people, and then laughed in their sleeves at 
 the discomfiture they have caused by the lying insinuation — and it was the kind 
 of laughter that is heard in hell over the loss of a soul. 
 
 The records will show that these men have been engaged in like pursuits 
 — as the immortal sea-rovers of olden times followed the Spanish Main — since 
 the days when their own States were the banner lumber producing districts of 
 the country, and that the motives which prompted them to turn their greedy 
 eyes towards Pacific shores, were inspired by the same debasing principles of 
 pillage that actuated Alexander the Great in seeking new worlds to conquer. 
 
 Having exhausted the timber resources of the Middle West by their 
 wanton processes of destruction and waste, the virgin forests of the Pacific 
 Coast appealed to them as only purity can attract the elements of lust. — 
 
 The question naturally arises : "Why were such men as Thomas B. 
 Walker and C. A. Smith not prosecuted criminally for their plain and deliberate 
 violations of the land laws of this country, but permitted to go scot free when 
 the records show that they fraudulently acquired enough land from the Govern- 
 ment to make Puter's efforts along those lines puny in comparison?" 
 
 The answer is embodied in the fact thdt both are millionaires, and because 
 the United States Attorneys for Oregon and California during 1902 and 1903 
 simply shut their eyes to their duties. In consequence, the statute of limitations 
 was permitted to run against their offenses, but that does not hinder the Govern- 
 ment from cancelling their fraudulent claims, as six years from the date of 
 issuance of patent is allowed by law in which to begin such proceedings. 
 
 On the Smith entries in Oregon, this time will expire June 4, 1908, and 
 if there is an honest Department of Justice in Washington, there is still ample 
 opportunity for checking this immense steal. The proofs of the frauds relative 
 
 Page 9 
 
to much of tlie Smith lands are in evidence as Government exhibits at Portland, 
 Oregon, in the case of the United States against John H. Mitchell, and have 
 been there since June, 1905, and if no action is taken by the authorities in Wash- 
 ington to utilize this proof and save to the public this vast domain, then it is 
 high time that those responsible should be impeached in disgrace for their 
 perfidy. 
 
 In the case of the Walker lands in Northern California and Southern 
 Oregon, embracing several hundred thousand acres of valuable timber, much 
 was located by process of "dummy" entrymen in 1902, but patents were not 
 issued for fully a year thereafter ; so there is no excuse for allowing the period 
 to go by in which to proceed, as there is still fully a year left. 
 
 That the Land Department in Washington has winked at these frauds all 
 along is a matter of history. On November 9, 1902. the writer made a complete 
 report to Lewis E. Anbury, State Mineralogist of California, covering extensive 
 investigations of Walker's fraudulent timber land operations in the Susanville 
 and Redding Land Districts of California, and a synopsis of this report was 
 not only published in the San Francisco newspapers on November 12, 1902, 
 and sent broadcast throughout the country by the Associated Press, but complete 
 copies of the report itself were transmitted to the Interior Department and 
 General Land Office, and are still on file in those offices. 
 
 In that report, fully fifty specific charges of fraud were alleged, and yet. 
 in the face of this evidence. Commissioner of the General Land Office R. A. 
 Ballinger. during his visit to the Pacific Coast in the Summer of 1907, in the 
 course of an interview in the San Francisco Examiner, is cjuoted as declaring 
 that his Department would make no efl:"ort to investigate the Walker entries 
 unless the California State Mining Bureau, or others equally interested, should 
 furnish the General Land Office with "specific charges" of fraud! Just as if it 
 is at all necessary for any State officer to call the attention of a high Government 
 official to matters afi^ecting the public domain of the United States ! 
 
 It is an episode of history that Nero fiddled while Rome was burning, and 
 it is self-evident that Commissioner Ballinger is a firm disciple of the doctrine 
 that there ought to be a repetition of history, whether the people want it or not. 
 
 At the door of avarice can be laid all the sins of the land frauds, and 
 this trait is responsible for the ultimate undoing of the perpetrators. Had Mays, 
 Jones or Kribs been liberal enough not to have allowed avarice to blind them, 
 and had come to Puter's rescue with bonds after his conviction in the 11-7 case. 
 he would have been the last man on earth to have exposed them, and it stands 
 as an indelible record that Puter's co-operation with the Government was the 
 key that unlocked the vaults of corruption, and furnished the means by which 
 United States Senator Mitchell, and others in high official power, were made 
 to suft'er for their offenses. 
 
 It was the narrow, selfish natures of this trio that made them afraid 
 of their souls, and caused them to tighten their purse-strings when their old 
 associate in crime pleaded with them for the small boon of freedom. Ready to 
 put up thousands or any unlimited amount when it came to a question of bribery 
 or the corruption of public officials, they were too deeply impregnated with the 
 germs of covetousness, too much the slaves of greed, to chance the loss of a 
 picayune, even though well aware that by reason of their complicity in his 
 fraudulent operations they were completely at his mercy, and that their indiffer- 
 ence to his fate was planting in his breast those seeds of hate and revenge whose 
 harvest must be their own dishonor and downfall. 
 
 Had Senator Mitchell refrained from making his unfortunate speech in 
 the United States Senate immediately after his first indictment, the probabilities 
 are that the full measure of his infamy would never have been known, because 
 what he said upon that memorable occasion amounted to a challenge for Puter 
 to do his worst, and I have no desire to rake up the dead past to show what that 
 all meant. 
 
 Page 10 • 
 
It is idle for Eastern magazine writers of the "slobbery" variety to declare 
 that Puter's so-called confessions were brought about by detective ability of the 
 "sixth sense" order. I am in a position to state authoritatively that he went to 
 Heney on his own volition, exactly as he has described in one of the chapters, 
 and gave to the Government the information that sounded the doom of the Oregon 
 land frauds. 
 
 Those who profited most by Puter's fraudulent operations had recognized 
 in him a daring spirit whose early environs had stamped him with courageous 
 instincts, and they knew he was not afraid to take chances- — -with law or any- 
 thing else. They found out that they could use him as a battering-ram to 
 break the laws, and open the doors to a vast treasure trove. Sordid motives 
 were behind all their concern for Puter, and when the time came — as come it 
 must where dishonest methods are the incentive — and they realized that the 
 "jig was up," they deserted him as rats leave a sinking ship. To them he was 
 simply a worked-out gold mine, and with all their assumed superior intelligence, 
 blunted, perhaps, by constant contact with greed, and with minds intoxicated by 
 the stimulant of illegitimate gain, they were unable to cope with the problems 
 of retribution — the unexploded blasts in the abandoned shafts. 
 
 To Ethan Allen Hitchcock, ex-Secretary of the Interior, must be attri- 
 buted the principal credit for the suppression of the land-fraud evils, and his 
 greatest luster shines forth as a limelight upon the class of enemies he has made 
 by the operation. Every scoundrel in the land has denounced him for doing 
 what they well knew was his plain duty as an honest official, and if any reward 
 must come to him, it must be in the future from the hearts of a grateful people, 
 and not from politicians. 
 
 If doubts have ever existed as to the necessity for the adoption of stringent 
 measures that marked the prosecution of those involved in the crime of looting 
 the public domain, I am reasonably sure a perusal of these pages will have a 
 tendency to remove any such feeling, and convince the most skeptical that 
 Secretary Hitchcock was actuated by sound and lofty motives when he throttled 
 the land-grabbers with the iron hand of the Government. That he did so at 
 an opportune moment, none can deny, because he was dealing with an element 
 that had become so bold in their designs that they felt themselves above the law, 
 and it was a cas'e of a desperate ailment requiring a desperate remedy. 
 
 The influence of any class imbued with corruptive methods is detrimental 
 to the best interests of a community, and there is no use in denying that those 
 who have been instrumental in causing so much rank perjury in connection with 
 the acquisition of titles, are responsible for a condition that has left its mark 
 upon the people of the public land States in a manner comparable to the trail 
 of a serpient. 
 
 There is a compensating side to these land frauds, after all. The fact 
 of attempted fraud of so stupendous a character discloses in itself that the 
 prize was great which moved men to chance their reputations and jeopardize 
 their personal liberty. They were at least seeking something that was worth 
 the having. Men are not likely to take these risks unless the inducements are 
 sufificiently alluring to excite, to the last degree, the cupidity in their natures. 
 This does not involve any defense of fraud. It simply brings to the attention of 
 the world, through this medium, the marvelous opportunities for the honest 
 acquisition of wealth that abound in the West. 
 
 The history of any great undertaking wherein exploration has figured, 
 and wherein conditions have demanded the exercise of abnormal energy, indicates 
 clearly that there is nothing in the world worth having that can be attained 
 without a compensating hardship of some sort. The gold of the Klondike was 
 buried far below the surface in icy moss; the treasures of Tonopah and Goldfield 
 lie deep beneath the sands of an appalling desert; and so of the vast domain of 
 Oregon, with the immense wealth that is wrapped up in its undeveloped forests 
 and stock ranges; they offer difficulties in the way of acquisition by legal process 
 
 , Page 11 
 
that have moved men to criminal cx])edients that the road tlirongli honest attain- 
 ment might be shortened. 
 
 It might be erroneously supposed, because of this criminal activity, that 
 there was lack of opportunity for the honest acquirement of public land in this 
 State; that as a matter of fact such land was scarce. The contrary is the case. 
 There are millions of acres of Government land lying within the borders of 
 Oregon. By far the greater portion of it is subject to entry on a legitimate 
 basis and in various ways. In short, the opportunity has ripened since thieves 
 have been run to cover for l)ona-fide settlers to come forward and secure the 
 cream of this immense domain. 
 
 The land area of Oregon is more than 66,000.000 acres. Of this 17,730,000 
 acres is vacant Government land, available for settlement, according to the last 
 report of the Commissioner of the General Land Office. That it varies in char- 
 acter goes without saying, but there is a sufficiency of most excellent quality to 
 induce any honest citizen to become a prospector upon a legitimate basis, with the 
 view of acquiring a homestead or timber claim. The land laws of the United 
 States are liberal enough to suit every requirement. They were framed originally 
 to encourage the settlement of the country. In many localities chances offer for 
 a person to obtain temporary employment in the neighborhood where he desires 
 to locate, which brings to hand a measure of income while he is proving up his 
 claim in accordance with law. He is permitted to do this under the regulations 
 of the Land Department, providing he does not abuse the privilege. 
 
 Soil that is rich enough to grow pine trees of the magnitude that flourish 
 in the Northwest, is certainly sufficiently prolific to produce fruit of the size 
 and flavor that has made this region famous, and which retail in all markets 
 at attractive figures, so the inference is obvious, and the value of logged-ofif 
 lands for agricultural purposes has been thoroughly demonstrated in every section 
 of the Northwest. 
 
 That this book will be found unique in many respects, is a foregone con- 
 clusion. Probably no other work of similar import has ever been published, and 
 in all human probability, occasion may never again arise for its counterpart, 
 because the inspiration for the idea was based upon conditions that are fast 
 disappearing, and the reign of the landgrabber, of the type with uncouth methods, 
 like the rapidly dissipating ranks of the buffalo herds, the decadence of the 
 red men, and the passing of all that goes to make up the picturesque features 
 of Western history, has departed forever, and as a class that has been considered 
 in these pages, they have made their last stand of any serious consequence on 
 this continent. In their stead has arisen a new generation of plunderers, more 
 subtle and swift in their operations, because the looting of the public domain 
 has now become one of the gentler arts, and the "dummy" timber entryman and 
 perjured homesteader, with their ways redolent of the frontier, have given place 
 to the polished enactments of a subservient Congress, which is interpreting the 
 land laws to meet the requirements of greedy corporations, without any heed 
 whatever to the people's rights. 
 
 It is noteworthy that the contents of this volume furnishes an object 
 lesson in support of the idea that there is remarkable similarity in all fraudulent 
 enterprises, and that the scheme of looting the public domain is merely a 
 by-product of the general system of plunder running riot throughout the country. 
 The same tools are used upon all occasions where it is found expedient to rob 
 the people. The same Courts are tampered with, the same members of both 
 branches of Congress are in line, and the same heads of Departments in Wash- 
 ington are polluted each time, until it has come to be regarded as certain that 
 vast interests have fattened on the life-blood of the nation by process of having 
 a veteran force at their constant command. It goes to show that there is a close 
 bond between the plunderers of every description, upon the same principle that 
 there is honor among thieves, and they have developed a vein of activity in this 
 
 Page 12 
 
country that has its parallel in the history of the downfall of the Roman 
 Empire. 
 
 No nation can long survive the reign of corruption that has characterized 
 the speculative craze existing in America during the past decade. It has 
 permeated all branches of public service, and the history of the land frauds of 
 the West is the history of corruptive tactics in other directions. Corruption is 
 a hydra-headed monster of hideous mien, and the fact that it has been exposed 
 wholesale by the land fraud trials in Oregon, and the graft prosecutions in San 
 Francisco, and in retail fashion in other States and other cities, should never 
 .be accepted that it is dead beyond all power of resurrection. 
 
 Portland, Oregon, March 10, 1908. 
 
 
 Buffalo Head on Wyoming Plains 
 
 Page 13 
 
•~ ** 
 
Chapter I 
 
 Early life of Putcr in the California Redzvoods, slwzci>ig Jwzv he zvas reared 
 amidst scenes of turinoil and bereft of refining influences — Details the 
 Indian outbreak of forty years ago, ivherein his childhood home zuas 
 reduced to ashes — Gives his experience as a lumberman and practical 
 logger — Also tells the story of his initial connection zvith Government 
 Lands, and hozv his environs zvere such as to inspire him with a desire to 
 prey upon the public domain — Describes the first fraud of any consequence 
 under the Timber and Stone Act of June j. tS/S. 
 
 By S.A. D. Puter 
 
 IWx\S BORN January 6, 1857, in Trinity County, California. Two years 
 later my parents moved to Humboldt County, in that State, where my father 
 purchased the possessory title to a homestead claim on Mad River, about 
 twenty miles north of Eureka. Here I was reared, leaving there in 1888 and 
 moving to Oregon, living in Portland until 1902, at which time I took my family 
 to Berkeley, California, where they now reside. 
 
 Our family consisted originally of three sons and four daughters, but 
 of these, only four of the children survive — Lawrence F. Puter, an attorney of 
 Eureka, California, and one of my covmsels in the Township "11-7" case; Lucile, 
 the youngest sister, wife of Robert Sawyer, of Los Angeles, California ; Daniel, 
 at present engaged in mining in the State of Idaho, and myself. 
 
 During 1861-62, when I was but five years old, the Indians broke out 
 in Humboldt County, killing a number of farmers and stockmen while on the 
 warpath, and burning and destroying a great deal of property belonging to 
 the settlers thereabouts, our home being among the first to suffer in that 
 respect, on account of its isolated position. After this episode, father moved the 
 family into the town of Areata, which is situated on Humboldt bay, twelve miles 
 north of Eureka, and with a number of other men, formed a military company 
 and inaugurated a vigorous campaign against the redmen, completely subduing 
 them at the end of two years' fighting. In 1864 father went to Idaho and en- 
 gaged in mining, leaving his family in Areata. Two years later our claim was 
 "jumped" by squatters, as we had never completed the title on account of the 
 depredations of the Indians. As soon as my mother learned of the situation, she 
 moved the family back on the place, where we lived in a shack during the summer 
 .and winter of 1866 and up to the fall of 1867, when my father returned from 
 Idaho, remaining with us on the ranch until his death in 1886. 
 
 My educational advantages, as may be imagined, were very limited, and 
 were confined to short terms in the public schools of Areata during the summers 
 of 1865-66. I was then but nine years old, and as we moved back on our ranch 
 in 1866 I had no opportunity for attending school until 1873, and then only in 
 the summer of that year and the year following, on account of the great distance 
 the school house was from our ranch. Whatever knowledge I have acquired 
 has been picked up in my business transactions throughout the country. 
 
 During father's absence in Idaho, the family experienced many hardships 
 and privations, par^^icularly so after being forced to return to the ranch, as the 
 place had not been under cultivation for some years and we had no money with 
 which to purchase farming implements of any consequence, depending entirely 
 upon such work as could be done by hand in the way of raising garden stuff. 
 "We had no horses, nothing, in fact, in the livestock line but one cow. Fresh 
 
 Page 15 
 
meat was an unknown quantity to the Puter family during- those days, except 
 at such times as I might trap a quail or snare a cottontail rabbit, of which there 
 was plenty to be found. 
 
 I had the good fortune, shortly after we returned to the farm, to kill a fine 
 buck elk, that probably weighed upwards of 700 pounds. It had frequentl) 
 shown himself at the edge of the timber, near the prairie where we lived and 
 within a quarter of a mile from our shack. Our sole firearm consisted of an 
 old Springfield musket, of the pattern used during the rebellion, and as I was 
 only nine years old, my mother hesitated to allow me to try my luck, fearing that, 
 should I only wound the big buck, he might turn and kill me. It was just at a 
 time, however, when the smaller game had not been particularly plentiful and we 
 felt that we must secure that meat— at least, that was my way of viewing the 
 matter. Besides, I wanted to show the folks that I wasn't quite such a boy as 
 they imagined, and the killing of that elk, in my mind, would place me on a par 
 with the position I sought to occupy in my father's absence — that of being looked 
 upon as "the man of the house." As his elkship was even now in sight, I pleaded 
 so hard and convincingly regarding my ability to bring him down at first shot, 
 that mother finally consented to my shouldering the old musket, and I was ofif. 
 
 Taking a circuitous route, I emerged from the timber in the rear of the 
 point where I had last noticed the elk feeding, and crawled through the grass 
 and weeds to within fifty paces of where he was standing, and where there 
 was a mound of earth on which to rest the musket. No doubt it was placed 
 there through providential kindness, as my arm was too short to reach around 
 the stock of the gun and pull the trigger with my finger, so it became necessary 
 for me to find a rest for the heavy musket before I could proceed with the work 
 of execution. Having placed my gun in position. I took aim and fired, the ball 
 striking the animal in the shoulder and killing him instantly. I did not move from 
 my position until the smoke had commenced to clear away, and not observing 
 the elk, I rushed to the spot where he was last standing, where I found him 
 kicking on the ground and noted, happily, that my work had been complete. 
 
 Afy mother and sisters, who had been anxiously awaiting developments, 
 and watching the elk from the shack, could see him fall at the crack of the gun, 
 and, needless to state, they lost no time in coming to where I was standing, 
 alongside that vanquished "king of the forest." 
 
 The excitement and joy that took possession of the Puter family for the 
 time being was without lirtiit. We all knew, of course, that there was meat 
 enough in sight for many months to come, and incidentally, it might be said, 
 mother patted her boy and complimented him for his prowess, for now, indeed,, 
 he was a real man. The question then arose as to how we should get our prize 
 to the shack, so we decided to quarter him first, but found, because of the great 
 weight, that the combined strength of the entire family was not sufficient to drag 
 a single quarter, say nothing about lifting it; so we were obliged to cut the meat 
 up into smaller pieces, after which our nearest neighbor, who lived four miles 
 distant, was notified of our good fortune, and he proceeded to Areata for 
 sufficient salt to cure the meat. 
 
 My first experience with the public domain occurred during the summer of 
 1875, at which time I was engaged as an axman by Deputy United States Surveyor 
 Forman, who had a contract to subdivide several townships of timber land in the 
 vicinity of our Humboldt county ranch. I became so proficient in my duties 
 that after blazing the lines and marking the witness trees for a few months, I 
 was placed in charge of a crew and manipulated the compass. 
 
 As soon as the survey of the township had been approved by the United 
 .States Surveyor-General, there was a rush for timber claims. By reason of my 
 field work on the survey, I gained a knowledge of all the desirable claims in the 
 tract, and located a number of applicants, charging them $25 each, at the same time 
 taking a contract to build them a cabin on their claims for $25 additional. The 
 cabins so constructed consisted of a shack made out of shakes or split boards,. 
 
 Page 16 
 
from the timber on the claim, the size of each cabin being- 12 by 16 feet and 7 feet 
 high, one window, board floor and wooden fireplace. There were no other signs 
 of habitation or cultivation whatsoever, the building of the cabin being the only 
 improvement made on a pre-emption or homestead claim in those days. The 
 entrymen hardly ever slept over night there, although they made final proof 
 within eight or ten months from the date of filing, wherein they alleged a con- 
 tinuous residence. 
 
 Soon after proof was made, I negotiated the sale of this tract to a Eureka 
 capitalist for sums ranging from $800 to $1200 per claim. Later, the purchaser 
 sold to the California Redwood Company for $25 per acre. The latter corpora- 
 tion transferred the tract to the Humboldt Mill & Lumber Company, which 
 erected sawmills and commenced the manufacture of the timber into merchant- 
 able lumber. At the present time, the timber on these lands possesses an intrinsic 
 value of from $200 to $300 per acre. 
 
 I gradually learned the business from the felling of a tree down to the 
 rolling of a log from the landing into the mill pond. I worked in the redwoods, 
 logging for some ten or twelve years, part of which time I engaged my services 
 to others, while for several years I contracted on my own account and personally 
 drove a twelve-horse team, hauling logs on a skid road to the landings. 
 ■ ^^ } The first big fraud under the Timber and Stone Act of June 3, 1878, that 
 ever occurred on the Pacific Coast, was consummated in Humboldt County, 
 California, during 1882-3. In 1876, INIr: Forman, the Deputy United States 
 Surveyor for whom I had formerly worked, took a contract to survey a number 
 of townships covered with a dense body of redwood timber in the northern part 
 of Humboldt County. As soon as the land was surveyed and thrown open to 
 entry, the California Redwood Company, with offices in Eureka, began to hire 
 men to file on the entire tract under the Timber and Stone Act referred to. At 
 that time, the persons desiring to avail themselves of .its provisions, were not re- 
 quired to make a personal examination of the portions they wished to file on, nor 
 were they obliged to go to the land office to make final proof. All that was 
 
 Page 17 
 
necessary in this connection was for the entryman to appear at the land office 
 at the time of making the liHng, exhibit his first papers to show that he was 
 either a citizen of the United States, or had declared his intention to become 
 such, or, in the case of his being- a bona-fide citizen, to make oath to that effect, 
 and his entry would be allowed. This law has since been amended, so as to 
 necessitate the personal ai)pearance of the entryman at the land office, both at 
 the time of filing and when making final proof. 
 
 Under these conditions, the company was enabled to run men into the 
 land office by the hundreds. I have known agents of the company to take at one 
 time as many as twenty-five men from "Coft"ee Jack's" sailor boarding house in 
 Eureka to the county court house, where they would take out their first papers, 
 <leclare their intention to become citizens of the United States, after which they 
 would proceed direct to the land office and make their filings, all the location 
 ]:»apers having previously been made out. Then they would appear before Fred 
 W. Bell, a notary public, and execute an acknowledgement of a blank deed, 
 receive the stipulated price of $50, and return to their ships, or to the boarding- 
 house from whence they came. The description of the tract filed on was after- 
 wards inserted and the transfer of title completed to the corporation. As fast 
 as this land came into the market, the company gobbled it all up in this fashion, 
 and as soon as the whole tract had been secured, they sent their representative, 
 Edward Everdeen, who was then connected with the Humboldt County Bank, to 
 England, where a sale of the entire body of land embraced in a number of dift'er- 
 ent townships, was consummated to a Scotch syndicate. 
 
 Pending the transfer to the Scottish syndicate, the California Redwood 
 Company was pulling out the patents to the dift'erent claims pretty fast, and at 
 a cost of $25 each. Concluding that they could get the patents more quickly 
 and at a cheaper figure, by sending their own attorney to Washington, D. C, 
 they adopted this course, but it proved disastrous, as the General Land Office 
 evidently became cognizant of the fact that there was an abnormal rush for the 
 issuance of patents, and it excited their suspicions that a fraud was being perpe- 
 trated. In consequence, all the unpatented claims were suspended by order of 
 the Commissioner of the General Land Office, and special agents sent out to 
 investigate and report on the status of the entries. 
 
 The first agent that put in an appearance was soon picked up by the 
 company at Eureka. His report to the Commissioner did not indicate that any 
 frauds were being committed, and other agents that followed him told the same 
 story, because they, too, had been bought off. Special Agent B. F. Bergin, the 
 fourth one sent out, was made of the right kind of stuff, and could not be pur- 
 chased, and as a result of his report to the General Land Office, between 150 and 
 200 of these entries were immediately suspended and were later cancelled alto- 
 gether, involving the forfeiture of all moneys paid thereon, including the pur- 
 chase price of $400 per claim, together with all land office fees. The $50 paid to 
 each of the entrymen, of course, was also lost to the company, and while it was 
 considered that these rights were purchased at a low figure, which would have 
 been true had the deal gone through, the company was at no small loss on this 
 account alone. The expense of maintaining- their agents, too, amounted to a large 
 sum of money, and while I would not care to venture a guess at the total amount 
 squandered on this venture, it can safely be said that it aggregated a small 
 fortune. 
 
 Many of the company's principal agents were indicted by the Federal 
 grand jury because of their connection with the transaction, and their cases were 
 carried through the courts from one administration to another at an enormous 
 expense. These cancelled entries were afterwards filed on by bona-fide settlers 
 residing throughout the county, they making final proofs and receiving patents 
 to the same. 
 
 Having participated in the survey of these lands, and located a good many 
 people thereon, I was familiar with the entire tract, from one end to the other. 
 
 Page 18 
 
One of the Kings of the Redwood Forest 
 in Humboldt County, California 
 
and well posted on all of the methods that the company had employed in acquiring 
 title thereto. It was only three years ago. in fact, that I went down to Humboldt 
 County with C. A. Smith, a millionaire lumberman of Minneapolis, Minn., and 
 sold him 30,000 acres of this same tract, which had been cancelled and relocated 
 by citizens of Humboldt County. I I shall have occasion later to make reference 
 lo the Smith deal. " 
 
 After the big frauds in Humboldt timber lands had been exposed, and 
 the titles to the bogus entries suspended, and wdiile the prosecutions against 
 the company's agents were still pending, the whole county became seized with 
 a feeling of depression and times were very dull there. I continued to work in 
 the logging camps until 1888, when I decided to seek fresher pastures in Oregon. 
 
 Upon my arrival in the new field, I found the land business boommg, 
 every hotel in the timbered sections of the state being «.fowded with timber land 
 speculators, cruisers and locators. I went into t^ie locating business the first thing 
 and continued to do a land office business for two years. This was in 1889 and 
 1890, and during all this time, the woods were fairly alive with timber men. 
 
 A fallen redwood giant 
 
 My earlier experiences in California enabled me to grasp conditions quite 
 readily, and become acquainted with the most desirable tracts in short ord^r; 
 consequently I soon got into the swim. Moneyed men were here from Michigan, 
 Wisconsin, ]Minnesota, and other Middle West States, eager to make investments 
 and grasp the unlimited opportunities offered of reaping big returns, and as a 
 result, thousands of men were sent into the forests of Tillamook and Clatsop 
 Counties, Oregon, as well as throughout various sections of Washington, to file 
 on timber claims, and in nearly every instance, the entrymen had contracted in 
 advance to transfer their titles to some lumber company, or syndicate of Eastern 
 capitalists. 
 
 The Timber and Stone Act of June 3, 1878, was the favorite method of 
 acquiring title at that time, as the Forest Reserve Lieu Land Act of June 4, 
 1897, (commonly known as the "scripper law,") had not then gone into effect. 
 
 Page 20 
 
and titles could be rushed through much quicker than by the pre-emption or 
 homestead laws. Some state lieu land selections were made, but this form of 
 "scrip," so called, was too scarce to be available for the purchase of large bodies 
 of timber. 
 
 In the meantime, the timber lands continued to be turned over to the 
 different lumber concerns, and the various land offices throughout Oregon had 
 more business than they could conveniently attend to. As a matter of fact, the 
 Oregon City Land Office was obliged to suspend business for several weeks, in 
 order to catch up with the accumulated work, the timber filings were coming in 
 so fast. 
 
 The increasing demand for patents at this office also aroused the suspicion 
 of the officials at Washington, and special agents were sent into the field for the 
 purpose of making investigations, wdiich action had the eft'ect of suspending a 
 great many patents, as well as the holding for cancellation of a large number 
 of entries. There was considerable talk of indictments by the Federal grand 
 jury, and it had a tendency to m^ke the land business unpopular for the time 
 being, the land grabbers having about all they could do to keep out of jail, as 
 well as to preserve their titles. However, in spite of all the storm of indignation 
 that seemed to have pervaded the Governmental atmosphere, there were compar- 
 atively few actual cancellations, the special agents, as usual, standing in with 
 the land grabbers. 
 
 Out of all the howl about frauds in those days, there were but two con- 
 victions, Stone of Seattle, and Diamond of Portland, both of whom were locators 
 — the former for subornation of perjury, and the latter for conspiracy. They 
 represented the sole production of gems from the Government's operations, 
 among the various gigantic mines of iniquity existing in those days. Allowing 
 for the immense harvest which had been gathered in by these two men, and the 
 moderate sentences imposed, their incarceration in the Government penitentiary 
 was referred to as a trifling matter, for whatever the price they may have paid in 
 the way of humiliation and lost time, as against the hoards they had amassed 
 and deposited for their future comfort, it was often said of them that they had 
 bargained well. 
 
 Thousands upon thousands of acres, which included the very cream of 
 the timber claims in Oregon and Washington, were secured by Eastern lumber- 
 men and capitalists, the majority of whom came from Wisconsin, Michigan 
 and Alinncsota, and nearly all of these claims, to my certain knowledge, were 
 fraudulently obtained. 
 
 As to the special agents sent out by the Government, they were picked 
 up, each in turn, as they appeared upon the scene, and with the capitalists and 
 locators standing hand in hand, it was an easy matter, with the aid of these 
 agents, to baffle the Government in its attempt to secure evidence. 
 
 Desert Auto- 
 mobiles 
 
 Page 21 
 
Chapter II 
 
 Stephen A. Douglas Pnter meets Franklin Pierce Mays, and the pair form a 
 mutual admiration society, ivhich ripens into a business relationship of 
 many years' standing. He also comes in contact with Willard N. Jones, 
 and' subsequent events indicate that there was all kinds of pleasure and 
 profit in the association of the Triumvirate. Describes some of their 
 crooked transactions in connection zvith the public domain, and also tells 
 hozv Ex-Survev or -General Meldrum refused to be buncoed. Operations 
 of Puter and Jones result in a criminal proceeding of a "hold-up" char- 
 acter, and marks the Land-Fraud King's first appearance as a defendant. 
 
 DURING the Fall of 1890, Franklin Pierce Mays was United States Attorney 
 for the district of Oregon. I first met him at the U. S. Surveyor-General's 
 office, which was then located in the present postofifice building and on the 
 floor above Mr. Mays" office. As I was frequently in the Surveyor-General's 
 office examining the field notes of different townships, and was brought into 
 contact there with Mr. Mays on numerous occasions, he was acquainted, of 
 course, with the nature of my business, and he came to me personally with the 
 expressed desire of making my acquaintance. I was glad, indeed, for the oppor- 
 tunity, as I had learned previously that Mr. Mays was somewhat of a land 
 speculator himself, and being United States District Attorney, I considered him 
 a good man to stand in with. 
 
 Mays said he had learned of my being in the timber land business, and 
 after we, had discussed the situation for some time in a general way, he expressed 
 a desire to get hold of some first-class timber land. I promised to keep him in . 
 mind, and offered to advise him of the first good chance. Shortly after this I 
 secured some fine timber lands in Lane County, Oregon, for him, and also located 
 him on an extra good school section in Tillamook County, Oregon, being Section 
 36, Township 3 North, Range 7 West. Mays then wanted to introduce me to a man 
 by the name of Savery, stating that he was a special agent of the General Land 
 Office, was stationed at the Oregon City Land Office, and had full charge of 
 the Government lands within the confines of that district. He suggested to me 
 that Mr. Savery would be the right kind of a man to stand in with, and that I had 
 better locate him on some good timbered school section. As in the case of meet- 
 ing Mr. Mays, I was glad to learn of this opportunity to make a new friend, 
 more particularly on account of the gentleman's position and the influence he 
 might wield in my behalf, and I was frank to inform J\Ir. Mays that the pleasure 
 would be all mine, and that I would gladly meet his friend at their convenience. 
 Some time later when calling on Mr. Mays in his office, he introduced me to 
 Special Agent R. G. Savery, Jr., and I located him on just such land as he was 
 desirous of securing. 
 
 From my first acquaintance with Mr. Mays and up to the time of my 
 conviction, I consulted him in regard to a large majority of the deals in which I 
 was interested, in many of which he became identified with me, both in State 
 and Government lands, besides acting as my attorney from the beginning. 
 
 During the Summer of 1891, my first acquaintance with Willard N. Jones 
 began. Our initial meeting was also in the United States Surveyor-General's 
 office in Portland, which seemed to have been fated as the trysting place of men 
 who have since assisted in making land fraud history in Oregon. Jones was 
 then a civil engineer by occupation, and his business brought him frequently to 
 the Surveyor-General's office. He learned that I was in the timber business, 
 
 Page 22 
 
and shortly after our tirst acquaintance, wanted to go in with me on some sort of 
 timber land deal. He represented that he knew a number of lumbermen residing 
 in the States of Minnesota, Wisconsin, Michigan and Pennsylvania, who would 
 be willing to invest in a tract of good timber on the Pacific Coast. At that time, 
 nearly all the best surveyed timber lands had been bought up, so we concluded 
 that the most feasible plan would be for us to find something in the line of 
 unsurveyed lands that would meet the requirements, get it surveyed, locate a 
 lot of men on it, furnish them the money with which to make final proof, and 
 obtain title in that way, under the Timber and Stone Act of June 3, 1878. 
 
 The tract we selected was in Township 3 North, Range 7 and 8 West, on 
 the Nehalem River, in Tillamook County, Oregon, one of the finest bodies of 
 yellow fir timber in the whole State. After cruising the tract to ascertain how 
 many quarter sections could be obtained in one body, we came to Portland. 
 
 Jones then went East to consummate a deal, and soon returned with a 
 man by the name of Lumbarger. We took him over the tract lo see how he 
 liked it and he was delighted with the timber and entered into a contract with 
 Jones and myself, he agreeing to advance the sum of $750 a claim, or quarter 
 section of 160 acres, so as to enable us to procure titles to the claims, promising 
 to take as many of them as we could get. We, in turn, agreed to deed to Mr. 
 Lumbarger as fast as proofs were made, an undivided one-half interest to each 
 claim so purchased. 
 
 The next move was to find people to locate on the land, and in short order 
 we found all we wanted in Portland and Albina, a suburb of the latter city. 
 
 We then proceeded to enter into a contract with each person, whereby we 
 agreed to locate them on the land, we to pay all expenses in the way of railroad 
 fares in going to and from the land, besides the land office fees, and to advance 
 the money to pay the Government at the time of final proof. In return, the 
 entrymen agreed to deed the land to Jones and myself, as soon as final proof 
 was made, for the sum of $750 a claim, all costs and expenses in procuring the 
 titles to be deducted therefrom, and the balance to be paid to each one upon 
 receipt of his deed. 
 
 The understanding was that each person was to file on two claims ; one 
 under the Timber and Stone Act of June 3, 1878, and the other under the Home- 
 stead law, the latter to be commuted to a cash entry after 6 months' residence. 
 The cost of each claim was about as follows : 
 
 COST OF HOMESTEAD ENTRIES : 
 
 Building cabin ------_$ 10.00 
 
 Filing fee. advertising and final proof at Land Office 25.00 
 
 Government price of land _ _ _ _ _ 200.00 
 
 Total -------- $235.00 
 
 This amount, deducted from $750, left a balance of $515, which was to 
 be paid to the entryman upon receipt of a deed to his homestead. 
 
 COST OF CLAIM UNDER TIMBER AND STONE ACT. 
 
 Filing fee. advertising and final proof at Land Office $ 30.00 
 Government price ____-_- 400.00 
 
 Total --------- $430.00 
 
 This left a balance of $320 to be paid to the entryman upon receipt of 
 a deed to his claim under the Timber and Stone Act. 
 
 After having a fair understanding with all of the men, contracts were 
 drawn up and each one signed them, Jones and myself retaining the documents. 
 In all, forty persons were contracted with in this way, each to take two claims 
 as indicated, making eighty claims in all, or a total of 12,800 acres. 
 
 The next move was to locate the people on the land. Two trips were 
 necessary in doing this, twenty persons being taken at a time. The land had 
 
 Page 23 
 
previously been surveyed, but not accepted, so tbcre was no trouble in locating 
 each party on the particular tract previously contracted to file on. The location 
 consisted in laying the foundation for a cabin ; four poles in the form of a square, 
 and a notice posted on a tree. At the same time, each person made an examina- 
 tion (jf the quarter section he was to file on under the Timber and Stone Act. 
 
 The next proceeding was to build the cabins on the ditterent quarter 
 sections, calculated to be filed on under the Homestead Act. We hired two 
 Swedes at $1.50 per day, each, and furnished them with a tent, provisions and 
 tools, and set them to work constructing the shacks, or cabins, after which we 
 
 initiated efforts in the direction of having the survey of the township approved 
 by the government. 
 
 The facts in regard to the survey of this tract of timber land are as 
 follows: Henry Meldrum, a United States Deputy Surveyor, who was later 
 appointed Surveyor-General of the State of Oregon, but afterwards removed 
 from office and convicted for his complicity in making fraudulent surveys, had 
 surveyed this tract in 1889, under contract from the Government. Meldrum 
 
 Page 24 
 
completed his part of the contract, but the Commissioner of the General Land 
 Office suspended the survey for the reason that sufficient funds had not been 
 appropriated to cover all contracts of this character. Mr. Meldrum's contract, 
 however, was approved in 1891, and sufficient funds appropriated for the purpose, 
 so it became necessary for him to re-survey the land. 
 
 \\'hile Meldrum was engaged in doing this. Jones and myself met him on 
 the laiid on several different occasions, and we enjtered into a contract with him, 
 whereby we agreed to pay him $5 each for inserting in the field notes of the 
 survey and on the plats, the names of all the homesteaders located on the land 
 by us, Jones and I agreeing to furnish the names of the claimants, and the 
 description of the land each one was to file on. 
 
 Mr. Meldrum complied with his part of the contract, and inserted all of 
 the names that we gave him in the field notes of the survey, as well as on the 
 official plat of each township. Our reasons for wanting these names inserted in 
 the field notes and on the plats, was in order to keep other locators from rushing 
 in and settling on the land after the acceptance of the survey; actual settlers in 
 a township having a preference right for ninety days after an official survey has 
 been made, and the plats thereof filed in the local land office. We also wanted 
 to make it appear that our homesteaders were bona-fide settlers, and were 
 living on the land prior to survey. 
 
 Now, as we had the cabins all built, and notice was posted on the land 
 showing the name of the claimant, and describing the particular quarter section 
 that he claimed, and his name appearing in the field notes, it was not at all likely 
 that any one would squat on the claims ; so it only remained for us to wait until 
 the survey was approved by the United States vSurveyor-General and the township 
 thrown open to entry. 
 
 While waiting for the land to come into market, which would not be until 
 November, 1892, Jones and I concluded to make an abstract of the State school 
 land for the purpose of ascertaining how much, if any, indemnity lands the State 
 of Oregon was entitled to. This rec[uired about two months' work in the State 
 Land Office at Salem. We found several thousand acres still subject to use as 
 lieu by the State, and this base we sold at the rate of $2.50 per acre, which, after 
 paying the State price of $1.25 an acre for the land embraced in the selection, 
 netted us $1.25 per acre profit. 
 
 The rule of the State Land Board at that time was that any person who 
 should indicate to the Clerk of the School Land Board where there was any 
 indemnity land that the State was yet entitled to, would be allowed to select the 
 same amount of Government land within the State that was vacant. Under 
 those conditions, Jones and I were doing a land office business in State indemnity 
 lands, until trouble arose between us, and we dissolved partnership. 
 
 This was in the Fall of 1892, and the cause of dissolution of partnership 
 arose from the fact that Jones made a proposition to take Geo. W. Davis, Clerk 
 of the State Land Board at Salem, in with us on all State Land business that we 
 put through the State Land Office, the idea being, that by so doing we could 
 monopolize all of the State indemnity lands, and shut E. P. McCornack, Jack 
 D'Arcy, and W. T. Rader out of all the indemnity business, especially E. P. 
 McCornack, he being the principal operator. These three, aside from Jones and 
 myself, were the only dealers in State indemnity lands at that time in the State 
 of Oregon. 
 
 Jones' proposition was to pay Davis fifty cents per acre for all the indem- 
 nity lands put through. This I objected to, as Davis was working with us then, 
 and doing everything we required for less than half that amount, and as the 
 profits were only $1.25 an acre, fifty cents was too much to pay him. Besides, I 
 did not think we could shut E. P. McCornack out, as he was too big a fish, and 
 too old at the game. 
 
 Jones, however, did not view the matter in the same light, and insisted 
 that Davis must have fifty cents per acre on all indemnity lands, and claimed to 
 
 Page 25 
 
"Old Pard" Mays 
 
have already made an agreement with him to that effect. I was still confident, 
 notwithstanding this fact, that McCornack could not be hindered materially in 
 his operations, and as Jones suggested that, rather than jeopardize his own 
 interests he would prefer to go it alone, I agreed that it would be the better plan, 
 and our partnership dissolution was the result. 
 
 This break in our business relations, however, was not supposed to affect 
 the understanding between us in regard to the forty persons located on eighty 
 claims in Township 3 North, Ranges 7 and 8 West, in which deal we were equally 
 interested. 
 
 Previous to this I had met F. Pierce Mays at different times and he never 
 lost an opportunity of bringing up the ''3-7^' deal, and would invariably caution 
 me to be careful, stating that he would very much dislike to be forced to prosecute 
 me, on account of the fair manner in which I had treated him in securing certain 
 lands for him throughout the State, as well as school section 36 in Township 3 
 North, Range 7 West. Mays told me on one occasion that there was a special 
 agent sent out by the General Land Office to investigate the "3-7" deal in which 
 Jones and myself were interested, and that he was onto our scheme, and further, 
 that this agent would be at the Oregon City Land Office to bag those forty home- 
 stead and timber entrymen as soon as they niade their filings. 
 
 I told Mays at this time that Jones and I had no deal on of a fraudulent 
 character, whereupon he informed me that he knew better ; that we already had 
 contracts signed by forty people and that these contracts had been placed in a 
 vault in East Portland for safe keeping. Mays likewise volunteered the informa- 
 tion that he was familiar with the contents of the contracts. 
 
 How Aiays should know of the existence of these contracts, and more 
 particularly, how he should be apprised of their nature, and of their place of 
 keeping, was somewhat of a mystery to me, but as I was not much given to talk- 
 ing about my business, or making admissions, I let the subject drop without 
 comment. 
 
 It was sometime after the dissolution of partnership between Jones and 
 myself, that I met the latter on the street, and the subject of the "3-7'' deal came 
 up for discussion. Jones acted strangely and seemed averse to going ahead with 
 it, declaring that he had been advised by Mr. Mays that we would both be up 
 against it if we made any further attempt to proceed in the matter, and further, 
 that he had learned Mr. Lumbarger, our financial backer, was not disposed to 
 consider the proposition, and would probably attempt to break his contract 
 with us. Jones said I might go ahead with the deal personally, if I felt so in- 
 clined, but expressed himself as not willing to take any hand in the transaction. 
 
 That settled this deal so far as I was concerned, as I was left without a 
 financial backer, and besides, the time was drawing near for the land to be 
 thrown open to entry. 
 
 As the survey of the township had been accepted and approved and was 
 advertised to be thrown open to entry on November 11, 1892, the Special Agent 
 was at the Oregon City Land Office bright and early, waiting to bag the forty 
 homesteaders as soon as they filed. When the land office opened at 9 o'clock and 
 none of the supposed entrymen put in appearance, much to the surprise and 
 chagrin of the Special Agent, he inquired of Register J. T. Apperson, how it was 
 that these parties^ whose names were on the maps as bona-fide settlers, had failed 
 to appear and file on their land. 
 
 The Register replied that he had that morning received through the mail, 
 an indemnity selection list from the Clerk of the State Land Board at Salem, 
 selecting the entire tract as State indemnity school lands, so all that the special 
 agent could do under the circumstances was to pack his grip and hike back to 
 Washington. 
 
 As I had been watching the result of the Special Agent's operations at 
 Oregon City in order to learn how matters terminated, I discovered immedi- 
 ately that the State had filed indemnity selection covering the entire tract of 
 
 Page 27 
 
eig'htv quarter sections, so I lost no time in going to Salem to ascertain in whose 
 interests the selection had been made, and was much surprised, on examining the 
 records, to find that my old friend Jones had gobbled up the land. 
 
 It occurred to me that Jones had evidently found a much better and cheap- 
 er method of getting those eighty quarter sections than to run chances of 
 attempting to obtain title by filing the forty people under the Timber and Stone 
 Act, and the Homestead law, as was previously arranged. At that time there 
 was a temporary withdrawal of the "Crater Lake" reserve, and I discovered, 
 upon investigation, that Jones had filed applications for the State indemnity 
 embraced in said reserve, selecting in lieu thereof the eighty c[uarter sections 
 in Township 3 North, Range 7 West. 
 
 Some weeks later, the Certificates of Purchase were issued and turned 
 over to Jones. At this stage of the proceedings, I called to mind a certain 
 agreement between Henry Meldrum, Jones and myself, whereby we had prom- 
 ised to pay Meldrum $5 each for inserting the names of settlers on the field 
 notes and plats. As Jones was soon to become possessed of the claims, I thought 
 best to ascertain if Meldrum had received his money and if not, to notify him 
 that T had no further interest in the matter and that he must look to Jones for 
 a settlement. This I did, learning that settlement had not been made, so I notified 
 Jones to meet Mr. Meldrum and myself at the Perkins Hotel in Portland that 
 evening. 
 
 When Jones came to the hotel the subject of a settlement with Meldrum 
 was broached, but he refused to pay over the money, nor would he agree to 
 become obligated in any manner for the amount due, stating that the old deal 
 had been declared ofl:' and that the lands were now owned by Mr. Mays and him- 
 self. Meldrum insisted on some kind of a settlement, stating that he had 
 complied with his contract, and as Jones was to get the land, it was only fair 
 that he should settle. Jones then told Meldrum that it was part of the duties 
 of his office to insert the names of all bona-fide settlers on the field notes and 
 the plat of the survey, and that, if he attempted to make collection for the work 
 involved in the '''h-7''' case, he would make things warm for him. In reply to 
 this, Meldrum admitted the truth of Jones' contention as regards his duty, but 
 stated that, at the time of inserting the names, he supposed that the ^^Z-7'' deal 
 was legitimate, and he wondered at Jones and I making him such a proposition. 
 
 However, he had discovered since that the transaction on our part was 
 not on the square, so far as trying to obtain title to the land was concerned, 
 and that, under these circumstances, and because of the fact that we had 
 pulled the wool over his eyes and promised to pay a stipulated amount for 
 services which he would have performed anyway, it was his purpose to see 
 that the bill was paid. As Jones was to have the land, he must pay the fiddler, 
 and to show that he meant business, Meldrum produced from his pocket a 
 telegraph blank, and commenced to write. When he had completed his message, 
 he handed it to Jones and stated that the same would be forwarded to the 
 General Land Office at Washington, D. C, within one hour, unless the amount 
 due was forthcoming. The telegram read, in substance, as follows : 
 
 To the Commissioner of the General Land Office, 
 Washington, D. C. 
 
 On November 11, 1892, the Clerk of the School Board of the State of Oregon 
 filed an indemnity selection list in the Oregon City Land Office, embracing all the tracts 
 now occupied by bona-tide settlers in Township 3 North, Eanges 7 and 8 West, Willam- 
 ette Meridian, using as basis for such selections the school sections lost to the State by 
 the temporary withdrawal within the limits of the ' ' Crater Lake ' ' Eeserve, which is 
 not available for that purpose as yet. 
 
 (Signed.) HENEY MELDEUM, 
 
 O. B. Govt-collect. Deputy U S. Surveyor. 
 
 Upon reading the telegram, Jones asked Meldrum to remain at the hotel 
 until his return, promising to be back inside of an hour, and hurried off to 
 find Mays. 
 
 Page 28 
 
Willard N. Jones, Puter's former pal, convicted in the 
 
 Blue Mountain Forest Reserve case, with Mays and 
 
 Sorenson, and with Thad S. Potter, in the 
 
 Siletz Indian Reservation case 
 
Scarcely fortv minutes had elapsed when Jones returned and settled with 
 Meldrum, well knowing that the latter had it within his power to defeat the 
 title completely unless his terms were acceded to. 
 
 This being my first intimation that ]Mays was interested with Jones in 
 these lands, I could readilv understand why the United States Attorney wab 
 so solicitous of my welfare in advising that I be careful and not get myself 
 into trouble, even going so far as to insist that I would do well to let the deaf 
 drop altogether. It developed later, in fact, that I\Iays had connived with 
 Jones while the latter and I were yet partners, to secure these lands and to beat 
 me out of all interest in the deal. 
 
 In thinking the matter over. I concluded that I had no just cause for 
 complaint, as it was a "cold deck" proposition throughout. Jones and I had 
 planned to beat the Government in the first place. I played my hand on the 
 square, as between Jones and myself, but when the third man was introduced into 
 the game, he proved to be too much of a "sure thing" dealer for me, "stacked" 
 the cards to suit himself, and won out. 
 
 The whole transaction reminds me of a story told by Francis J. Heney, 
 in speaking of Geo. Sorenson and W. N. Jones (the same Jones with whom I 
 had been in partnership), during the trial of the Blue Mountain Forest Reserve 
 case, when he compared these two persons to a couple of gamblers of whom 
 he had lieard, and one of whom, according to the story, suggested to the other, 
 that they call on a certain gentleman that evening, who was fond of playing 
 cards, and have a little social game of "draw," and which suggestion, his friend 
 readily assented to. After the game and while on their way home, the gambler 
 who had proposed the visit, said to the other : 
 
 "Well, how did you like my friend?" 
 
 "I think he is a d — d rascal." was the reply. 
 
 "How's that?" responded the other, in astonishment. ^ 
 
 "Because he stole three jacks off my knee," was the rejoinder. 
 
 And so it was in the "3-7" deal. I had taken occasion to hold out three 
 jacks, thinking to play them for the benefit of Jones and myself, as against 
 anything that the Government might be able to show down, but "sure thing" Mays 
 forced an introduction into the play and stole my three jacks. 
 
 My position in relation to the "3-7" deal, as in the case of the man from 
 whom the "three jacks" had been stolen, did not warrant me in making a "roar," 
 as the saying is, but I was determined, if within the range of possibility, to arrange 
 some kind of compromise, or to "split the pot" as it were. With this object in 
 view, I called on Jones and asked him, straight up, where I got off at on the deal. 
 Jones attempted to treat my claim much as he did that of Meldrum on the start, 
 but when I presented to him the fact of his living in a glass house ; that the 
 material was extremely brittle and that, in all truth, it required but the throwing 
 of a small stone to destroy the entire structure, my friend Jones was given 
 something to think about. He then told me, as he did Meldrum, that Mays must 
 be consulted before anything could be done, and in this instance, as in the former, 
 he showed up again and when he came was prepared to settle. This settlement 
 took place on the following day, and resulted in Jones assigning over to me the 
 certificates of purchase to a full section, or 640 acres of this same land, and which 
 I accepted as full liquidation of my claim. 
 
 Jones was not out of the woods on this deal, however, by an}^ means. It 
 was probably in the neighborhood of two years after receiving the certificates 
 of purchase, when the forty men, who had previously agreed to take up the land 
 for us, got wind of the fact that the tract had been in the market for some time, 
 and had been selected by the State of Oregon, and certificates issued and turned 
 over to Jones, \\nien this became known to them they pooled their issues and 
 employed an attorney in Portland by the name of D. D. Lynch, to investigate the 
 status of their case, with the result that after he had gone to Salem and discov- 
 
 Page 30 
 
ered the situation, he induced the men to swear out complaints against Jones 
 and myself. 
 
 Jones was arrested forthwith in Portland, and immediately wired me at 
 Salem to come down, as he had been taken into custody on account of the 
 Township 3 North, Ranges 7 and 8 West, deal. I proceeded to Portland the 
 next morning, and as soon as I stepped off the train at the East Side station, a 
 warrant of arrest was served upon me by Patsy Eccles, a deputy constable, who 
 took me before a Justice of the Peace, where I found a number of complaints on 
 file against me, my bail being fixed at $500 in each case. However, Mays and 
 Jones arranged for my appearance, in exactly what manner I never learned, 
 and I was allowed to go on my own recognizance. 
 
 I consulted with Mr. Mays on the following morning for the purpose of 
 learning what was to be done, and he advised me that, because of the nature of 
 the transaction, as between those forty locators, Jones and myself, it would be 
 best to demand an immediate trial in the Justice Court and to get the matter over 
 with as speedily as possible. Jones was present in Mays' office when this interview 
 took place, and agreed with him that the case should be settled immediately, so 
 as to avoid publicity. Mays acknowledged being interested with Jones in the 
 lands, but said that he was in no wise concerned in the case at issue. He volun- 
 teered, however, to lend his advice, and stated that, in his opinion, the whole 
 trouble could be "fixed" for a few hundred dollars. Should the Federal author- 
 ities get wind of the transaction. Mays argued, both Jones and myself would 
 very probably be indicted and convicted, as it could be proven that we had 
 written contracts with each and every one of those forty men, and they would 
 show that Jones and I were to become possessed of the claims after final proof 
 had been made and that, because of our having actually taken the men to the 
 lands, which was evidence of our intentions to carry out our part of the agree- 
 ment, the charge of entering into a conspiracy to defraud the Government could 
 be prosecuted successfully. 
 
 Under this showing, it occurred to me that a money transaction would be 
 the best and quickest way out of the difficulty, so I told Mays that I would put 
 up $250, provided he would act as our attorney in the case. Mays replied that he 
 did not care to appear personally, in fact, he did not want to be known in the 
 transaction in any way, preferring to remain in the background, but stated that 
 he would use his influence in a quiet way to our material advantage. Mr. Mays 
 then suggested that we employ Charles F. Lord to defend us, which we did, the 
 case being set for trial in short order. 
 
 Before the case came up, Jones came to me and demanded that I contribute 
 $500, instead of $250, the amount originally agreed upon, stating that it would 
 cost him considerably more than that and I should share a larger portion of the 
 expense. This I refused to do, as I had no interest in the lands and was simply 
 giving $250 to have the case quashed in the Justice Court, and for the purpose 
 of keeping it from the notice of the Federal authorities. 
 
 On the day set for hearing, both sides had their witnesses on hand ready 
 to proceed. The case, however, never saw the light of day, as Attorney Lord 
 made some sort of settlemenf with the counsel for the prosecution, whereby 
 Lynch was paid a neat sum of money to have the case dismissed. This fellow 
 Lynch was one of those pettifogging lawyers who make a practice of hanging, 
 around police and Justice Courts. The fact is, he had no case in the first place, 
 as the suit had not been brought in the proper court. All he wanted was a 
 chance to make a fee out of the transaction, and this we were only too glad that 
 he should have, in order to dispose of the proceedings and hush the matter up, 
 as we believed, in all probability, the dismissal of this case would close the 
 incident and that no criminal charges would be brought against us. 
 
 The actual cost of these claims to Mays and Jones, under this transaction, 
 did not exceed $205 per quarter section of 160 acres, and the same lands were 
 
 Page 31 
 
sold (luring the Spring of 1906 to Wheeler & Cook of Pennsylvania for $30 per 
 acre, or $4,800 per quarter section. 
 
 The figure named as the cost of each claim to Mays and Jones, will appear 
 as exceedingly low, but it is nevertheless correct, and I will endeavor to explain 
 my computation thereof, as follows: At the time of procuring titles to the 
 claims in question, all State lands, whether School or Indemnity, were being 
 sold at $1.25 per acre, and any person over the age of 18 years and a citizen of 
 the State of Oregon, was entitled to file on 320 acres of State lands, it being 
 merely necessary for him to appear before a notary public, make application for 
 the land, pay the State one-third of the purchase price, which was $66.66, and 
 receive a certificate of purchase therefor, which could be assigned to any person 
 whomsoever, and the assignee, upon payment to the School Land Board of the 
 balance of the purchase price due the State, would receive a deed in his own name, 
 as if he were the original locator. Jones was therefore in a position to gobble 
 up each half-section of 320 acres at an actual cost of $410, $400 of which went 
 to pay the State, while $10 was given to the original applicant. 
 
 The law at that time, but which has since been changed, permitted one 
 person to act as attorney for any number of applicants, he being allowed to file 
 the applications, pay to the Clerk of the State School Land Board the stipulated 
 price, and receive the certificates. Thus Jones, having obtained assignments of 
 all certificates at the time the applications to purchase were made, as they were 
 signed and acknowledged and turned over to him in blank, it only became neces- 
 sary for him to fill in the numbers of the certificates, together with the description 
 of the lands and date of acknowledgement. 
 
 At the time of the trial and conviction of W. N. Jones, F. Pierce Mays 
 and Geo. Sorenson, it was proven that Jones had been successful in reducing 
 the cost of applicants from $10 to $2.50 each, and it has been said, and is no 
 doubt true, that he secured a number of them for a glass of beer. 
 
 Ik. 
 
 w4 
 
 
 IS 44* 
 
 *-"*'''^*^**?^ 
 
 House made of beer bottles in Tonopah 
 
 Nevada. Ten thousand bottles 
 
 incorporated in structure 
 
 Page 32 
 
Chapter III 
 
 C. A. Smith, a Minneapolis Millionaire, engrosses the attention of the Land- 
 Fraud King, and their aequaintance ripens into a clever scheme to bunco 
 Uncle Sam out of a vast tract of Oregon Timber. The outivitted Northern 
 Pacific seeks revenge by having McKinley arrested, and is also blamed for 
 reporting the matter to the Government. As a result of subsequent inves- 
 tigations by the Land Department, several special agents fall by the zvayside 
 under the mystic spell of Fred. Kribs tainted money, and the effort to 
 acquire patents on the frait^ulent entries marks the first step in the dozvn- 
 fall of United States Senator John H. Mitchell. 
 
 IN the course of an Eastern trip during January, 1900, I took occasion to call 
 upon C. A. Smith, a millionaire lumberman of Minneapolis, Minnesota, whose 
 acquaintance I had formed previously. At the time of our first meeting, I had 
 given him an option on sixty quarter sections of timbered school lands, aggre- 
 gating 9,600 acres, situated in Coos and Douglas counties, Oregon. This deal 
 had fallen through for the reason that the tracts were not in a compact body, 
 being merely a portion of the 16th and 36th sections of quite a number of scatter- 
 ed townships. 
 
 Although my initial effort to do business with Mr. Smith terminated in 
 failure, it served as an incentive to approach him concerning a proposition of 
 greater magnitude, as I had become more or less familiar with his system of 
 operation, and felt satisfied he was not of the cheap variety, wherever personal 
 interest was involved, and that nothing would balk him in the line of investment, 
 providing there was anything in it for himself. 
 
 Upon my second visit, I endeavored to impress him with the idea that I 
 was somewhat of a timber-land plunger myself, and that I was in a position to 
 interest him on a basis that would yield large returns. 
 
 Calling the next day, as per appointment, I found him exceedingly eager, 
 as on the day before, to discuss the matter of timber lands and the best method 
 of acquiring title thereto. In fact, we had several conferences upon the subject, 
 all of which were arranged at the suggestion of Mr. Smith. 
 
 I felt from the start that he meant business, and was convinced further- 
 more that he was looking for just such lands as I had in view — those that prom- 
 ised to yield large returns — but was unaware, of course, to what extent he would 
 go in order to secure them, or, in fact, whether there was any limit to his ambi- 
 tions in that respect. This information, however. Smith divulged to me in his own 
 good time, and in such way as to satisfy me that he would go to any extreme 
 in obtaining vast holdings of timber. 
 
 After exhibiting plats showing the lands I had to oft'er, and explaining 
 all the details incident to prices and the facilities for manufacturing the product 
 into merchantable lumber, he asked me if I was aware of any tracts of good 
 timber that had been surveyed, but which were still vacant and subject to entry, 
 to which I replied that I was familiar with several fine bodies of timber in that 
 condition. 
 
 He then inquired if it would not be a more feasible plan, in my opinion, to 
 locate a lot of men under the timber and stone Act of June 3, 1878, furnishing 
 them the money with which to. make final proof, and acquire title in that way. 
 
 I informed Mr. Smith that the plan outlined would most assuredly be 
 considerably cheaper in the long run, but that it would necessitate the expendi- 
 ture of a large sum of money at the outset. 
 
 Page 33 
 
Thomas B. Neuhausen, Special Inspector, Interior Department 
 
 one of Heney's chief aids in the land fraud prosecutions , 
 
So far as the money feature was concerned, Smith assured me that he 
 would be only too glad to advance whatever amount was required, provided, 
 however, that I should enter into an agreement with him to attend to all the 
 details incident to the perfection of title. 
 
 His proposition met my approbation, and I expressed myself accordingly, 
 whereupon he sought information concerning the probable cost involved by 
 the undertaking. 
 
 This I could not state definitely, informing him that it would depend 
 largely upon circumstances. As to the land itself, we knew exactly what the 
 Government price was, as well as the land office fees, but when it came to a 
 question of compensation for the entrymen, prices would vary to a certain 
 extent, as some would demand more than others for their rights. 
 
 Mr. Smith was positive that in no instance would the expense of this 
 character be exorbitant, basing his ideas upon the theory that comparatively few 
 men had the necessary $400 with which to make final payment, however valuable 
 the claim might be, and he felt that I would be able to get all the locators I could 
 utilize for sums ranging from $100 to $200 each. 
 
 I agreed with Mr. Smith that his figures were doubtless correct, and being 
 mutually satisfied, we entered into an agreement whereby I was to secure from 
 8,000 to 10,000 acres for him, or as much more as I could get, of good yellow- 
 fir timber land, practically in one body, as near to market as possible, and to run 
 at least 50,000 feet of merchantable lumber to the acre, and which was not to 
 cost him over $6 an acre, he agreeing to advance all funds necessary in get- 
 ting title. 
 
 He then gave me a letter to Frederick A. Kribs, his financial agent, who 
 was then in San Francisco, at the same time stating that he would abide by 
 whatever trade I made with Kribs ; also, that as soon as I had located a tract and 
 closed a deal with the latter, he would proceed to Oregon and have a definite 
 understanding with me upon the subject, in the form of a written agreement. 
 
 Upon my arrival in Portland, I consulted my partner, Horace G. McKinley. 
 in regard to the deal discussed with Smith, and asked him if he knew of any 
 desirable tract that we could get hold of. McKinley declared that he was aware of 
 a large body of land that would exactly fill the bill ; that Townships 14 South, 
 Ranges 2, 3 and 4 East, Willamette Meridian, in Linn County, Oregon, had only 
 recently been surveyed, and were covered with one of the heaviest and finest 
 bodies of yellow fir timber in the State, but if he wanted to get in on it we would 
 have to act promptly, as the Northern Pacific Railroad Company had its cruisers 
 on the ground at that time, estimating the timber with a view of making forest 
 reserve selections of it under the "Scripper Act" of June 4, 1897, so we decided 
 to go right to work and get in ahead of the Northern Pacific. 
 
 We followed out the plan along the lines originally suggested by Mr. 
 Smith, and were successful in securing a majority of the entrymen required 
 in Portland, the balance being picked up around Brownsville, Albany and Rose- 
 burg, Oregon. We had a mutual understanding with each and every person 
 taking up a claim that we would pay all expenses incurred, including that of going 
 to and from the land ; going to and from the land office ; the land office fees and the 
 cost of the land, and further, that we would allow them $100 each, after they had 
 made final proof and turned over their deeds, which were to be executed in favor 
 of whomsoever we might designate. 
 
 The entrymen were taken to the Roseburg land office in bunches of ten 
 or more, as we found it convenient, having arranged previously with the Southern 
 Pacific Company for something like a one and one-fifth fare for the round trip, 
 where groups of ten or upward were transported at one time. 
 
 The descriptions of the lands filed on were secured from the Mealey 
 brothers, residents of the Sweet Home country, under a contract to allow them 
 $10 a claim, or quarter section, they guaranteeing each 160 acres so furnished to 
 estimate no less than 10,000,000 feet of good timber. These two brothers, William 
 
 Page 35 
 
and "Jud" Mealcy, had lived for years within three miles of the tract, and had 
 assisted in its survey, consequently were thoroughly posted relative to the general 
 characteristics of each subdivision thereof. Within a week we had made fifty- 
 seven locations on timber claims, and had recorded the filings at the land 
 office in Roseburg. 
 
 Shortly thereafter the Northern Pacific cruisers returned with their reports 
 to headquarters, and C. E. Moulton, agent for the railway corporation, was sent 
 to Roseburg for the purpose of "scripping" the entire tract. When he discovered 
 that the land had been filed on under the timber and stone act, and learned who 
 was behind the scheme, he immediately called on McKinley and myself, and threat- 
 ened to institute contest proceedings unless we had the timber filings withdrawn 
 forthwith, giving it as his opinion that the claims had not been taken in good 
 faith. We objected, of course, against any such measure, consequently the Nor- 
 thern Pacific filed contests against every entry, and the Register and Receiver 
 of the Roseburg land office set the hearing simultaneous with the date of making 
 final proof on the difl^erent claims. 
 
 Shortly after this I went to San Francisco to see Mr. Kribs, to whom 
 I explained the entire situation, and he in turn agreed to communicate with Mr. 
 Smith, advising him to come to the Coast immediately, in order that some 
 satisfactory conclusion might be reached regarding the status of afifairs. Some 
 weeks later I received a wire from Kribs, announcing Smith's arrival in the Bay 
 City, and requesting me to .meet them at Albany, Oregon, at a stated time. 
 
 On the date named, McKinley and I went to Albany, where we met both 
 Smith and Kribs, and it was thereupon decided that our first move should be to 
 make an examination of the timber, and if it came up to Mr. Smith's expectations. 
 an agreement was to be perfected between us, with a view of acquiring the titles. 
 
 On the morning following we took the train for Lebanon, Oregon, where 
 a team was engaged, driving to the Mealey ranch and remaining there over night. 
 The next day, and for several days thereafter, we cruised the timber under the 
 pilotage of the two Mealey brothers, counting and measuring the trees indiscrim- 
 inately on difl^erent portions of the tract, which was to be a test of the whole. 
 Some of the land ran as high as 300.000 feet to the acre, while scarcely an}- 
 estimated less than 20.000 feet. It all averaged 80,000 feet to the acre, or 30,000 
 feet above recjuirements. 
 
 Mr. Smith was highly pleased with the results of his inspection, and 
 upon our return to Albany entered into a contract, whereby he agreed to 
 advance the money for making final proof and all other expenses, together with 
 the $100 bonus to be paid each entryman for his right, and as soon as deeds were 
 obtained, he was to pay us the sum of $5.50 an acre for the 9.120 acres embraced 
 in the fifty-seven claims, less the amount advanced for the perfection of titles. 
 
 He suggested that as soon as final proofs were made, the entrymen. 
 should mortgage their claims to Frederick A. Kribs for $600 each, simultaneoiis 
 with the execution of a transfer to John A. Wild, of Minneapolis, this deed to 
 be withheld from record for ten days after the final proof had been made. 
 This precautionary measure was adopted to make it appear that the claims had 
 not been located under any prior contract for sale, in case any question should 
 arise affecting the validity of the titles. 
 
 About a fortnight prior to the time for making final proofs on the entries, 
 McKinley was arrested at Albany. I was en route from San Francisco to 
 Portland when this occurred, and had wired him to meet me in Salem. ^McKinley 
 sent a messenger boy to the Albany depot for the purpose of intercepting me 
 and apprising me of the situation, and as soon as I learned the state of affairs, 
 I left the train and went up town to the hotel, where I found Horace in custody 
 of an officer, he having been charged with subornation of perjury and con- 
 spiracy to defraud the Government out of its public lands. The warrant had 
 been sworn to by S. S. Mathers, Special Agent of the General Land Office, 
 whose headquarters were at the Roseburg Land Office. I immediately qualified 
 
 Page 36 
 
The kind of timber land acquired fraudulently by C. A. Smith through Puter and McKinley, and 
 liable to be cancelled by the Government. This photograph was taken in March, 1908, and 
 represents Puter in "cruiser" costume estimating the timber on N. W. \ , Sec. 20, Tp. 14 
 S., R. 3 E. {Linn County, Ore.) portions of which ran 300,000 feet to the acre. The entire 
 quarter section aggregated 20,000,000 feet, and was the claim filed on personally by Puter in 1900 
 
as his Ixnidsinan. resuming my journey as soon as he was released, and going- 
 direct to F. Pierce Mays' office as soon as I reached Portland, where I explained 
 all the circumstances attending the arrest of McKinley, and asked Mays' advice 
 concerning the best course of procedure. 
 
 lie seemed much surprised to see me. stating that it was reported I was 
 in Chicago, and that had the Northern Pacific people known I was in Oregon, 
 they would not have molested McKinley. He admitted that it was the railway 
 corporation behind the scheme to prosecute McKinley, thinking that by this 
 process, coupled with the fact of his being in jail, it would have a terrorizing 
 effect upon the fifty-seven entrymen, making it an easy matter, in the opinion of 
 the company's agent, to scare them into relinquishing their rights and enable 
 the Northern Pacific to scrip the land without opposition. 
 
 • .According to Mays, the company was proceeding upon the theory that 
 bv exercising a little persuasive force of this character with the entrymen. 
 l^ractically all of whom were ignorant backwoodsmen, they would accede to 
 their wishes, as most of them realized that they had done something contrary 
 to law. and were liable to prosecution by the Government. 
 
 So far as McKinley was concerned. Mays assured me he would come 
 out all right, and advised that the best thing to do would be to expedite his 
 preliminary examination, and he would see that his brother. Edward P. May.s — 
 then Assistant United States Attorney — should be sent to Albany to prosecute 
 the case, so we need feel no anxiety over the matter. 
 
 After a brief conference. McKinley and I proceeded to interview the 
 entrymen, informing them of the game of blufif being played by the Northern 
 Pacific people, at the same time cautioning them to stand pat and talk to nobody. 
 
 We then employed A. M. Crawford, ex-Receiver of the Roseburg Land 
 Office, and at present Attorney General for the State of Oregon, to defend 
 McKinley. The case was set for hearing within five days after his arrest, before 
 the United States Commissioner at Albany. 
 
 In the meantime McKinley and I decided to visit Roseburg and if possible, 
 "round up" Special iVgent Mathers, who had sworn to the complaint, believing 
 that for a few hundred dollars he could be induced to view things in a difi:'erent 
 light about McKinley, and assist in having him cleared. We likewise deemed 
 it good policy to have Mathers on our side during the pendency of the contest 
 proceedings, and also to aid us in securing the patents. 
 
 As soon as we got to Roseburg we commenced to hunt for tracks, making 
 the rounds of Mathers' various haunts until we finally found him in one of 
 the numerous saloons of the place, surrounded by a coterie of charmed and 
 enthusiastic admirers, to whom he was relating gilt-edged narratives concerning 
 his many deeds of prowess on the battlefields of his country. As each tale 
 had been accentuated by a round of drinks, and as the valiant Captain was 
 wound up for all night, we considered him in prime condition for opening up 
 negotiations. 
 
 Several members of the crowd around the bar, including Captain Mathers, 
 recognized us as soon as we entered the establishment, and our appearance 
 was the signal for an invitation from all hands to join in the festivities. To say 
 that we accepted with alacrity would be putting it mildly, as we regarded the 
 situation as a golden opportunity for carrying out our plans. 
 
 After imbibing freely, all present entered into social converse, the amount 
 of individual talking being gauged by the quantity of liquor already consumed. 
 McKinley and I took a special interest in the various anecdotes, particularly so 
 whenever the Special Agent's tongue got busy. We applauded his maudlin 
 remarks to the echo, and as a fitting appreciation of his recitals, wherein whole 
 regiments had been put to flight whenever he placed himself on a war footing, 
 McKinley tossed a double eagle over the bar and suggested that the entire house 
 join us in bumpers of champagne to the everlasting glory of the great warrior. 
 The corks popped quite freely after that, Mathers keeping up his end 
 
 Page 38 
 
ri 
 
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 i^ a 
 
 ■^ >»- -Ci 
 
 a--- a 
 
 •^ji 
 
 ^<i a 
 
 ^ S a 
 
 tt«cc a 
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in true millionaire fashion. \\'e later toured the town with the bibulous Special 
 Agent, jollying- him along to the queen's taste, until we came to the conclusion 
 that he was' ripe enough to be approached upon the subject of standing in with us. 
 
 ]\Iuch to our surprise. Mathers informed us that the Northern Pacific 
 peoi)le had beaten us to him. having given Iiis wife a free pass over their lines 
 to New York City, besides presentii^g him with $200 in cash, as an inducement 
 to assist them in the approaching contests. 
 
 This voluntary information on the part of the Special Agent was not 
 exactly what we relished, but in the absence of our ability to corral him for 
 our own use and benefit, it answered the purpose of a leverage, and we lost no 
 time in acquainting Register J. T. Bridges, of the Roseburg Land Office, with 
 the facts in the case. Bridges thereupon called for an explanation from Mathers, 
 who, when confronted with the evidence of bribery, made a complete confession 
 to the Register, who at once wired Commissioner of the General Land Office 
 Binger Hermann, apprising him of the situation. As a result, the Special Agent 
 was" relieved from duty at Roseburg and sent out of the State, iDUt was not 
 dicharged by Hermann, although he was later dismissed from service by order 
 of Secretary Hitchcock. 
 
 In due time McKinley's case came up for preliminary hearing before the 
 United States Commissioner at Albany, and while the evidence was sufficiently 
 strong to hold him under ordinary circumstances, he was discharged. True to 
 his promise, my old friend Pierce Mays had induced his brother Edwin to appear 
 for the Government in the role of prosecutor, and as Assistant United States 
 Attorney, his recommendation carried enough weight to convince the Commis- 
 sioner that there was slight chance for a conviction before a jury, although, as a 
 matter of fact, two of the bogus entrymen had confessed, and had made affidavits 
 that they had taken up the land for the benefit of McKinley, with whom they 
 had contracted in advance of filing to sell their rights for $100 each. 
 
 Soon after this affair, the case of the Northern Pacific against the 
 fifty-seven entrymen was called before the Register and Receiver of the Roseburg 
 Land Office. The contestants were represented by one of the corporation's 
 special counsel from St. Paul, Minn., in addition to an attorney from Tacoma, 
 Wash., and F. Pierce Mays, of Portland, while the lawyers for the entrymen 
 were John H. Shupe and A. M. Crawford, ex-Register and ex-Receiver, 
 respectively, of the Roseburg Land Office. 
 
 I was dumbfounded to perceive Mays there in the capacity of attorney for 
 the corporation, and as soon as the chance presented itself, demanded an 
 explanation. 
 
 "Don't you know that I am one of the regular attorneys of the Northern 
 Pacific Railway Company?" he responded rather haughtily. 
 
 "No," I answered, "you have always been my attorney, and when I asked 
 vou the other day to defend my interests in these sViits, you declared that you 
 were unable to get away on account of pressing business, and now I find you 
 arrayed upon the opposite side." 
 
 Mays undertook to excuse himself with the explanation that he did not 
 think the Northern Pacific people intended to make a call on his services, but at 
 the last moment they had done so, and he was in no position to refuse, as they 
 had all along calculated to do so, but had failed to notify him of their intentions. 
 
 "At any rate," continued JNIays, "you will be well represented, and I guess 
 you will not have much trouble, as I shall be easy with you." 
 
 As I had made personal application for one of these claims, and was 
 therefore one of the contestees, I happened to be the first witness called and 
 was on the stand for two days. T had a satisfactory answer for every question 
 concerning my connection with the fifty-seven entrymen, as well as pertaining 
 to my individual filing, hence, so far as the testimony went, it looked as if the 
 Northern Pacific did not have much of a case. I had made such a good 
 showing, in fact, that I\Iays called upon me that evening at my room in the 
 
 Page iO 
 
Sample of timber on one of the fraudulent Smith claims in Tp. 14 S., R. 3 E. 
 liable to revert to the Government through cancellation 
 
hotel and suggested a compromise, stating- that the best thmg I could do 
 would be to give up one-half the claims to the railway corporation ; that he 
 thought they \vould be willing to acquiesce in an arrangement of this kind. 
 as 1 had put up such a splendid front on the witness stand the Northern 
 Pacific attorneys were dubious about the outcome. 
 
 "However," said he, "you know. Puter. if we carry these cases on. you 
 won't be able to save a single claim, as every one of those entrymen will go to 
 pieces when they get on the stand, and the chances are more than likely that you 
 will all be indicted for conspiracy to defraud the Government, convicted, and sent 
 over the road." 
 
 As a matter of fact. Mays was simply taking up a collection on both sides 
 of the aisle when he offered this suggestion. At any rate, I declined to surrender 
 such a large percentage of the lands, but finally agreed to compromise upon the 
 basis of 24 claims for the Northern Pacific and 33> for ourselves, so I selected the 
 quarter sections I wanted, and had the entrymen relinquish their rights to the 
 remainder. As soon as this had been done, the Northern Pacific proceeded to 
 cover each abandoned tract with forest reserve selections, at the same time 
 withdrawing their contests against the other 33 entries, and we then went to 
 work to have the latter proved up. 
 
 C. A. Smith wired the necessary money to Frederick A. Kribs, at Roseburg. 
 and as rapidly as proofs were made, he called at the Land Office and paid the 
 Government price for the land, as well as all the office fees, whereupon the 
 entrymen, as arranged previously, mortgaged their claims to ^Ir. Kribs, and at 
 the same time executed a deed in favor of John A. Wild, of Minneapolis, 
 receiving a cash bonus of $100 each. 
 
 For some reason or other, the patents to these thirty-three entries were 
 suspended, pending an investigation. A report had been sent to the General 
 Land Office concerning the fraudulent character of the claims, and in my opinion 
 this complaint was instigated by the Northern Pacific. At all events,. Special 
 Agent William D. Stratford, who succeeded Mathers at Roseburg. \vas directed 
 to make an investigation, but it is evident he was picked up by Kribs in short 
 order, as he came to me soon after in Portland with an affidavit for me to sign, 
 bearing upon the question of my connection with the thirty-three entrymen. 
 
 This affidavit was a typewritten document of several pages. Stratford 
 informed me that Kribs had given it to him, and h.e wished me to sign it. He also 
 wanted me to hunt up as many of the entrymen as I could find, and obtain their 
 affidavits in order to facilitate the issuance of patents. 
 
 I hesitated somewhat before signing, as it appeared to me the affidavit 
 should have been more explicit in defining my connection with the thirty-three 
 entrymen; but as the Special Agent had come to me direct from one of my 
 associates, and furthermore, because I was assured that it would innure to the 
 mutual benefit of Kribs and myself. I attached my signature. 
 
 I then rounded up as many of the entrymen as I could find and secured 
 additional affidavits, requesting McKinley to locate the balance, or those whom 
 I had overlooked. Stratford expressed a desire to get as many affidavits as he 
 possibly could at the earliest moment, that he might embody them in his report 
 to the General Land Office. 
 
 Awhile afterward I had business in the Fast, and stopped oft' at Minneapolis 
 for the purpose of conferring with C. A. Smith relative to the claims, as it will 
 be remembered they were located in his interest. After describing conditions in 
 Oregon, and Special Agent Stratford's efforts in our behalf. Smith suggested that 
 I proceed to Washington, D. C., at once with a view of using my best endeavors 
 to get the patents through. He then dictated a letter of introduction to S. J\L 
 Eddy. United States Senator from Minnesota, whom he declared was his personal 
 friend and one upon whom he could rely for assistance of this character, together 
 with a letter to R. V. Betz, a prominent Washington lawyer. These letters were 
 not presented, for reasons that will appear hereafter. 
 
 Page 42 
 
^ 53 
 
 
 -"^ QS 
 
 § 
 
 
Upon arriviiii; in Washington. I received a telegram from Mr. Smith, 
 requesting me n^t to see Senator Eddy or-Mr. Betz, or take any further steps 
 in connetion with the entries, as other arrangements had been made in Portland. 
 
 Returning to Minneapolis. I was informed by Mr. Smith that he had 
 received advices from Frederick A. Kribs to the effect that George F. Wilson, 
 another Special Agent, had been sent out from tiie General Land Ofifice to make 
 further investigations of the claims, and that it would be useless for us to 
 attempt to do anything in Washington until this Agent's report had reached 
 headquarters. 
 
 It developed later that Special Agent Wilson was a brother to the 
 Re])ublican "boss" of Providence. R. I., and that he owed his Government 
 position to the political pull enjoyed by his relative with Senator Aldrich, of 
 that State. 
 
 It is also interesting to know that Wilson fell an easy prey to Kribs 
 as soon as he reached Oregon, and is no longer in the service of the Land 
 Department on that account. 
 
 Upon my return to Portland. I had an interview with Kribs, who gave 
 me full particulars regarding Wilson's visit, and how he had disposed of him. 
 However, Kribs still felt more or less perturbed over the delay in securing patents, 
 and I. too, was ill at ease, so I suggested that he call on F. P. Mays and solicit 
 his aid in adjusting matters. 
 
 Later Kribs informed me that he had made an arrangemer.t with [Mays, 
 wherebv the latter was to receive $50 each for his services in getting the patents 
 on the thirty-three entries. 
 
 Sometime afterw^ard I met Kribs again, and found him in a disturbed 
 frame of mind, as he could not understand the delays incident to the issuance of 
 final evidence of title to the lands, expressing the opinion that Mays was 
 procrastinating in the matter. I then informed Kribs that United States Senator 
 John H. Mitchell had just returned to the city, and suggested that he consult 
 with the statesman upon the subject. Kribs did as I advised, and a few days 
 later reported the result of his conference with the Senator. 
 
 According to Kribs' statement to me, which has since been confirmed by 
 court proceedings, he succeeded in entering into an agreement with Senator 
 Mitchell, whereby the latter was to receive $25 for each patent issued in 
 connection with the thirty-three claims. Although the arrangement only 
 applied to these entries. Kribs took advantage of the situation and made a 
 further agreement with the Senator, whereby he was to look after his interests 
 in the matter of expediting all land patents he might have in future before the 
 Department, for which the Senator was to receive the stipulated sum of $25 each. 
 
 It might be well to note here that the part taken by Senator Mitchell 
 in the matter of expediting the issuance of patents for Frederick A. Kribs was 
 the direct cause of his subsequent conviction, as Kribs settled with the law firm 
 of Mitchell & Tanner through checks drawn on the Merchants' National Bank, of 
 Portland, Ore., of which a full account will be given in another chapter. 
 
 Page 44 
 
Field Marshal Kribs, commander-in-chief of 
 C. A. Smith's grand army of "dummies" 
 
Chapter IV 
 
 History of the Famous 'roiciisJiip "ri-y" deal, icliereby Filter and his associates 
 demonstrate coiiclusiirly that there is an actual method of stealing Govern- 
 ment land — Desperate efforts of the conspirators to secure the early issu- 
 ance of patents on the fraudulent clainis includes the ivholcsale bribery of 
 public officials of both high and lozv degree — Details of the transaction in 
 which United States Senator John H. Mitchell, of Oregon, figures as the 
 taker of tainted money in the shape of tzvo $1000 bills for his scrz'ices in 
 securing favorable action by the Land Department at Washington. 
 
 DL'RIXG 1899 and 1900, my partner, Horace G. AlcKinley, and myself had 
 been doing considerable speculating in timber lands in Oregon, and be- 
 cause of our extensive operations, had occasion to visit frequently the 
 Roseburg and Oregon City Land Offices. It came to our notice that a great 
 many unperfected homestead entries withiv. the Cascade Forest Reserve were being 
 proven up on. and it occurred to us, because of our knowledge of the fact that 
 a large majority of the homesteaders were not bona-fide settlers and had not 
 complied with the law in any particular, and further, because of our knowledge 
 that the lands being proved up on were of comparatively small value, that 
 there must be some good reason for this abnormal rush in the line of securing 
 titles to such lands, we decided to make an investigation. It resulted in the 
 discovery that these tracts, immediately after final proofs were made, were being 
 transferred to lumber syndicates, for the purpose of creating "base" to be used 
 in selecting other and better lands in lieu thereof. 
 
 Under the provisions of the second section of the Act of Congress of 
 June 4, 1897, it was specified "that in cases in which a tract covered by an 
 unperfected claim, or by a patent, which is included within the limits of a public 
 forest reservation, the settler or owner thereof may, if he desire to do so, 
 relinquish the tract to the Government, and may select in lieu thereof a tract of 
 vacant land open to settlement, not exceeding in area the tract covered by his 
 claim or patent." The provisions of this Act entitled the owner of any perfected 
 title within a forest reserve to relinquish his right thereto, through deed to the 
 Government, and to select in lieu thereof, the same number of acres of any 
 unoccupied, surveyed lands, within the United States. 
 
 During 1900, the survey of Township 11 South, Range 7 East, Willamette 
 Meridian, was approved, and the lands therein were opened to entry. This 
 township, being within the Cascade Forest Reserve, afforded all who owned lands 
 therein an opportunity to exchange their holdings with the Government and to 
 select, in lieu thereof, any tract of vacant surveyed public land in the United 
 States, of the same area. Those who did not wish to make a trade of this sort, 
 had the option of selling their holdings at a fluctuating market value for tracts 
 of this kind, ranging all the way from $5 to $7.50 per acre. The purchaser, 
 of course was vested with the same right granted to the original owner, relative 
 to exchange with the Government, and these lands were used as the basis in mak- 
 ing other selections, and became popularly, though erroneously known as "scrip." 
 When McKinley and I learned that Township "11-7" was in the market, 
 and realizing that it was situated near the summit of the Cascade Mountains, at an 
 elevation where the prospects of Governmental inquiry concerning entries were 
 exceedingly remote, we concluded to make a lot of homestead filings there, under 
 the pretense that it was being done by settlers who had long been residents of 
 the township, and who were about to take advantage of the law that permitted 
 
 Page i6 
 
I ' B!- ' ' J \ . — f ' t fTuui ' i i ftjju ig^^**— L i i i ^ik I. 'j I mi ll \ ))\m»y Jii'» *i » i» ^ II 
 
 Map of the famous township "11-7," showing the location of the fraudulent homestead claims filed by 
 Puter and McKinley. It was on account of these bogus entries that the defendants were convicted 
 by a jury in the United States Court at Portland, Oregon, on December 6, 1904, after a sensational 
 trial, in which Francis J. Heney made his first appearance in connection with Oregon land 
 fraud cases 
 
settlers in a newly surveyed township to initiate their titles within ninety days 
 after the approval of the survey. Titles to Government lands can neither be 
 perfected nor initiated in an unsurveyed township. However, the term of a 
 person's residence on the claim before survey counts as part of the five-year 
 period required for actual residence uncler the homestead law. Thus, if the 
 proof shows that a person has been a resident on a tract of land for the full five 
 years, it only becomes necessary for him to make his filing, advertise during a 
 period of six weeks, submit his final proofs and receive his final certificate, 
 which is followed by a patent without unnecessary delay, for no other expense 
 than the advertising- and filing fees, which would not amount to over $25. 
 
 Our idea was to locate as many persons as possible in that township, under 
 the homestead law, and to furnish them the money with which to make final proof 
 and cover their incidental expenses, and as soon as final proof was made, to 
 have them deed the land to us at a price agreed upon in advance. 
 
 Having determined upon the plan described, we associated with us in the 
 venture, Dan W. Tarpley, a young attorney and notary public of Salem, Oregon, 
 agreeing to pay him a certain percentage of the commissions as soon as we 
 procured titles and disposed of the claims. His services, in return, were to 
 consist of conducting the homesteaders to the land office for the purpose of filing 
 their claims, attending to the advertising and the making of final proofs, and to 
 act as a general lookout, by keeping us posted as to how things were moving along. 
 
 Persons living in 'the township were entitled to make final proof before 
 the County Clerk of the county wdiere the land was situated, if they so desired, 
 or before the Register and Receiver of the Oregon City Land Office. In view 
 of this phase of the situation, McKinley entered into an arrangement with Robert 
 B. Montague, the Deputy County Clerk of Linn county at Albany, whereby he 
 agreed to pay him $100 for each person who filed and made final proof before him, 
 ^lontague, of course, being made familiar with all the conditions, and he 
 understood the situation thoroughly. 
 
 Altogether, we located twelve claims in this way, of 160 acres each, 
 which was done by ten people only, two of them filing upon two claims each, 
 but under different names, one claim, in each of these particular instances, being 
 filed on before Deputy Clerk Montague at Albany, and the other before the 
 Register of the Oregon City Land Office. 
 
 Those making final proof on two claims were : Thomas R. Wilson, who 
 filed under the names of Joseph Wilson and Thos. Wilkins ; the other, Henry A. 
 Young, who used his correct name in filing the first claim, and that of Geo. A. 
 Graham in filing upon the second one. Nellie Backus, Alexander R. Brown, and 
 Emma Porter, used only a portion of their real names. George L. Pettis and 
 Zenas K. Watson were fictitious names. The only others using their correct 
 names were Maud Witt, Harry C. Barr and Frank H. Walgamot. 
 
 This changing of names was done for the purpose of avoiding identity in 
 case there should be any investigation by the Land Department, after final proof 
 had been made. 
 
 Six of the claims were filed on before Montague, at Albany, and an equal 
 number before the Register of the Oregon City Land Office. 
 
 At the time of filing, the homesteaders were required to make affidavits 
 to the eft'ect that they had settled upon their claims prior to the creation of the 
 reserve, and at the time of making final proofs, they were obliged to make 
 affidavits, corroborated by witnesses, that they were not only living on their claims 
 prior to the creation of the reserve, but had resided there continuously up to that 
 date, and that the improvements consisted of a good house, with outbuildings, 
 such as a barn, woodshed, etc. ; also that they had cultivated and fenced an acre 
 or so of the land, and that the value of their improvements amounted to several 
 hundred dollars. 
 
 The affidavits and proofs of homesteaders must be corroborated by two 
 disinterested witnesses living near by, and who are personally acquainted with 
 
 Page 48 
 
Horace G. McKinley*Puter's partner in fraudulent land operations, who fled to China after his 
 
 conviction in the 11-7 case, and was brought back by Detective 
 J. F. Kerrigan after a 30, 000 mile chase 
 
those making- final proofs, as well as familiar with the character of their 
 improvements. This i)roviso was easy enough to overcome, as one homesteader 
 acted as a witness for the other, and vice versa. 
 
 As township "11-7" is located near the very top of the Cascade range of 
 mountains, and at an altitude of approximately 5,000 feet, it is very rough, 
 rocky, and broken up with deep gorges, and covered with a dense undergrowth 
 of brush and fir timber, with snow covering the entire district to a great depth 
 for three- fourths of the }'ear, thereby rendering it imposible for any one to make 
 a living in the township under existing conditions. In fact, not a soul lives 
 nearer than thirty miles. 
 
 Under the circumstances, it was an easy matter for us to play fast and 
 loose with "11-7," as there was not much likelihood of anybody disputing our 
 assertions relative to improvements, or anything else. As a matter of fact, not 
 one of the ten who made proof on the dozen claims had ever been nearer to 
 them than Albany, and there were no improvements on any claim. 
 
 In passing the Homestead Act, it was the intention of Congress to open 
 up lands to legitimate settlers, who would actually reside on the property for 
 five years before proving up; build a residence on same; till the soil, and in all, 
 make such improvements as would justify the homesteader in remaining on the 
 land, and making it his permanent home. 
 
 Final proofs were made on the twelve claims within a few weeks after 
 the filings, and as no improvements whatever had been made, nor had the 
 entrymen even gone to the expense of inspecting the lands, which they were 
 supposed to have lived on and made their homes continuously for five years, 
 it can readily be seen that the parties to this transaction were fraudulently 
 attempting to secure them purely for the purpose of speculation. 
 
 As McKinley and I did not wish to be known in this matter, we arranged 
 to have the entrymen, as soon as proofs were made, execute deeds to Mrs. Emma 
 L. Watson, she being one of the entrymen, having taken up a claim under the 
 name of Emma Porter, later deeding it to herself. Arrangements had been made 
 previously between Mrs. Watson, McKinley and myself, whereby she agreed 
 to make conveyance to any person whom we might designate, in the event of a 
 sale. The actual cost of these claims to McKinley and myself was as follows: 
 
 Emma Porter $800 
 
 Maud Witt 600 
 
 Geo. L. Pettis - 600 
 
 Nellie Backus 150 
 
 Alexander R. Brown 150 
 
 Harry C. Barr 150 
 
 Frank H. Walgamot 150 
 
 Zenas K. Watson 150 
 
 Joseph Wilson 150 
 
 Thos. Wilkins 150 
 
 Henry A. Young 150 
 
 Geo. A. Graham 150 $3350 
 
 Land Office Fees 300 
 
 Incidental Expenses 150 450 
 
 Total Cost $3800 
 
 Filings were made by the claimants in October, 1900, and final proofs 
 submitted six weeks later. 
 
 As McKinley and I bore all costs, not only regarding amounts paid to 
 the various so-called homesteaders, but also the land office fees and incidental 
 expenses, it will be seen that each homesteader profited to the extent of the 
 amount credited opposite his or her name. As to our reason for paying INIaud 
 
 Page 50 
 
'Ardigah Falls," on Marion Fork of Santiam River, near 
 southeast corner of Township 11 South, Range 7 East 
 
Witt and Geo. L. Pettis $600 each, it might be stated that they were close personal 
 friends and had an understanding with us from the beginning that they were 
 to be "preferred" to that extent. In the case of Emma Porter, the sum of $800 
 was paid her, for the reason that she had acted as a go-between, in so much as 
 these lands were all transferred to her, to l)c held in trust until their sale was 
 effected. In consideration of these services, she was paid for her claim nearly 
 its entire market value. 
 
 A few weeks after final proofs were made, while McKinley and I were 
 at a hotel in Albany, a man named J. A. W. Heidecke api)roached AIcKinley and 
 stated that he had lived ft)r a long time at a little place known as Detroit within 
 thirty miles of Township "11-7," and that he had heard of twelve people making- 
 proofs to homestead claims in that township ; also that he was informed that 
 McKinley and I were at the bottom of the deal, and that he knew very well 
 none of the entrymen had been on their claims, nor had they complied with the 
 homestead law in any manner. Heidecke hinted that unless he could get some- 
 thing out of it he would report the matter to the Commissioner of the General 
 Land Office. The upshot of this conversation was that McKinley settled with 
 Heidecke by pa}'ing him $50, for which amount he agreed to keep his mouth shut. 
 
 However, it was not many months after final proofs had been made, be- 
 fore "Lookout" Tarpley learned through Special Agent C. E. Lo'omis, that the 
 latter had received instructions from the Commissioner of the General Land 
 Ofiice to make a thorough examination of our twelve entries in Township "11-7," 
 charges of fraud having been filed against them by somebody. 
 
 Immediately upon learning these facts, I consulted with F. Pierce Mays, 
 and explained to him the entire situation ; how these lands had been taken up — 
 twelve claims in all, explaining further, that the parties interested had never seen 
 the lands and knew nothing about them, except that they were somewhere in 
 Township "11-7," and that, as the matter stood now, McKinley and I were the 
 sole owners of the entire twelve claims, although they were being held in trust 
 for us by Mrs. Emma L. Watson. 
 
 After listening to my story. Mays advised that I see C. E. Loomis, Special 
 Agent for the Oregon City Land District, suggesting that it would be an easy 
 matter to "fix" things with him. He said, in fact, that it was about the only 
 thing I could do. 
 
 Thereupon I wrote Loomis at Oregon City, stating that I wished to see 
 him, and he called upon me at once at my home in Portland, when I advised the 
 Special Agent of having learned that he had been instructed by the Land Depart- 
 ment at Washington to investigate the homestead entries in "11-7," and upon 
 the advice of my attorney, Mr. Mays, I had requested this conference, as I was 
 the owner of all twelve claims. 
 
 Loomis professed to be well accjuainted with Mr. Mays, and c^uestioned 
 me rather closely regarding the entries. I told him that I knew nothing whatever 
 about any improvements or residence, but that, inasmuch as I had purchased 
 the claims in good faith, I was naturally anxious to secure the patents with as 
 little delay as possible, especially since it was my intention to use them as base 
 in the selection of other lands. I protested against becoming involved with the 
 Government on account of any controversy over the titles, and suggested that he 
 make it convenient to visit the claims personally at the earliest date possible, and 
 report his findings to headquarters at Washington without delay. 
 
 I have no knowledge of Mr. Loomis having seen Mr. Mays before calling 
 on me, but thought at the time, as I still believe, that they had had an interview 
 relative to the subject, as Mr. Loomis lost no time in assuring me that he would 
 do everything in his power to have matters adjusted, and he expressed the opinion 
 that all would terminate to my entire satisfaction. Thus encouraged, I went on 
 to explain to Loomis that the trip to "11-7" would prove an arduous one, and 
 quite expensive, and as I wanted to secure the patents immediately I would 
 gladly contribute to the expense, if he would defer action on all other business 
 
 Page 52 
 
and proceed at once to the township named. Thereupon, I handed Air. Loomis 
 a draft in the sum of $500 and informed him that, upon receipt of patents, I 
 would give him a similar sum, and which later was handed to Air. Loomis, after 
 the patents were issued. The two drafts mentioned were purchased at the Wells 
 Fargo Bank of Portland, Oregon. 
 
 Air. Loomis then assured me that he would go right ahead and do the 
 best he could by me, and stated further, that he had no doubt as to his ability 
 to make a favorable report, after which, he said. I would experience little difficulty 
 in securing my patents. 
 
 After coming to terms with Loomis, I then w^rote to J. A. W. Heidecke 
 requesting him to meet me at Albany, Oregon, on Wednesday of that week, where 
 I wished to see him on important business. On the date indicated I went to 
 Albany and found Air. -Heidecke awaiting my arrival, and we proceeded to bus- 
 iness immediately. I asked him if he was much acquainted in Township "11-7," 
 to which he replied, that he had lived in Detroit for the past fifteen years and was 
 not only familiar with the township itself, but was also personally accjuainted 
 with every homesteader residing therein, and, in fact, with all the settlers in that 
 part of the country. 
 
 It was amusing to me to find Heidecke so apt in volunteering information, 
 and particularly with reference to township "11-7," when he stated that "he was 
 acquainted with every homesteader residing therein." His antics, in endeavor- 
 ing to make me think that he knew all these bogus entrymen, especially in view 
 of the fact that I was perfectly well aware that none of them had ever been 
 within 100 miles of the tow^nship, furnished one of the most comical incidents 
 in my experience with hirelings of his calibre. After listening to Heidecke's story, 
 I was pleased to allow him to continue in the mind that he knew these entrymen — 
 that I was thoroughly satisfied with the fact, and that he was just the man I was 
 looking for. 
 
 I then informed him that I had purchased the twelve claims, and that, 
 having learned that Special Agent Loomis would soon reach Detroit, on a tour 
 of inspection of the improvements. I would like to engage him to accompany 
 Air. Loomis and show him the impi"ovements on each quarter section. I then 
 volunteered the statement that he would be well paid for his trouble, and handed 
 him $10 to cover his expenses to date, in coming to Albany, and an additional 
 $100 which I thought ample to cover expense of the trip to the mountains, when 
 Loomis arrived. 
 
 Heidecke consented to make the trip, and promised to be on the lookout 
 for the special agent. He stated further, that he would conduct Loomis all over 
 township "11-7," and would show him the "cabins" and other "improvements" 
 on the twelve claims, and in addition, agreed to introduce the Special Agent 
 to several residents of Detroit, who were "personally accjuainted" with each 
 homesteader. 
 
 Aly next thought was for Air. Loomis' entertainment and comfort, so I 
 instructed Heidecke to have a saddle horse for the special agent to ride, in addi- 
 tion to a pack animal, as Indian trails were the only available routes into the 
 region. I also cautioned him to take along plenty of good things to eat and 
 drink, particularly emphasizing the latter feature, and in all, to take the very 
 best care of the old man, with a view to having him make a favorable report. I 
 impressed on Heidecke that much depended upon him, and that, if he succeeded 
 in showing all cabins, improvements, etc., to Loomis. I would give him $250 
 more, for his extra trouble, as I put it. 
 
 It was part of the game to keep both Loomis and Heidecke in ignorance 
 of any monetary consideration, as between either of them and myself; in other 
 words, not to let my left hand know what my right was doing in this respect. 
 I aroused Heidecke's cupidity when I told him about the prospects of 
 his getting an additional amount, and he responded joyously, "Good ; just 
 leave it to me." 
 
 Page 53 
 
Linn County Courthouse at Albany, Oregon, where Puter and McKinley operated 
 extensively through Deputy County Clerk Robt. B. Montague 
 
Heidecke then inquired if I was personally acquainted with Binger Her- 
 mann, then Commissioner of the General Land Office. 
 
 "I certainly am," I replied. 
 
 "Well, do you think you have enough pull with him to secure my appoint- 
 ment as a forest ranger?" Heidecke asked. 
 
 I assured him that I had and would see that he was appointed as soon 
 as I returned to Washington, remarking further, that I expected to go there 
 as soon as Loomis had filed his report concerning these lands. 
 
 This seemed to please Heidecke immensely, and he kept insisting upon my 
 leaving all the details connected with taking care of Lx)omis to him, and that 
 my interests would not suffer by the operation. Heidecke then returned to 
 Detroit, to begin preparations for the reception of Special Agent Loomis. There- 
 upon I wrote the latter informing him of the arrangements I had made for 
 Heidecke to meet him at Detroit, and of all preparations in advance of his coming 
 for the proposed trip. 
 
 Some two or three weeks later I met Loomis in Portland, when he in- 
 formed me of having just returned from his trip to Township "11-7," advising 
 me that he had made a careful examination of the alleged improvements 
 with Heidecke, whom he pronounced very much of a gentleman, rendering him 
 every possible assistance in his work. Dr. Loomis declared that they had found 
 all of the improvements on the twelve claims in question, although some were in 
 a dilapidated condition, on account of the heavy snowfall of the previous winter, 
 but that he had found sufficient evidence of habitation to justify the issuance of 
 patents. He announced himself as satisfied that the homesteaders had acted in 
 good faith, and had complied with the law to the best of their ability, and that he 
 would recommend the entries to patent. 
 
 It developed afterwards that Heidecke had merely taken Loomis along 
 some well-defined trails, that led past cabins belonging to other settlers in that 
 part of the country, and had not been on any portion of the suspended claims 
 with him, because it would have been a give away on both sides to have done 
 so, and for the further reason, that they would necessarily have had to possess 
 the agility of a goat to reach any of my claims, as they were practically 
 inaccessible. 
 
 In speaking of the incident later to a friend, Heidecke confided that "he 
 fooled the old man in great shape ;" that after showing Loomis a certain cabin, 
 belonging to a legitimate settler, in another township, he circled around for about 
 half an hour, bringing up at the same cabin, but viewing it from the rear, 
 instead of the front, as in the first instance, and later in the day, finding that 
 he was running short of cabins, he halted Loomis, for yet a third time, at the 
 same identical cabin, taking the precaution, on this occasion, to view it from 
 the side. Little did Heidecke think, in his anxiety to protect my interests, that 
 his guest on that occasion was only too glad to be fooled. 
 
 In speaking of the trip to me, Loomis stated that Heidecke introduced 
 him to a number of residents of Detroit, and that he obtained affidavits from 
 L. Jacobs, the store-keeper, and other citizens of the place, certifying to an 
 acquaintance with all twelve homesteaders, and setting forth, in substance, how 
 they had seen them a number of times during the past eight years, as they went 
 to and fro to their claims, together witli other testimony of material value. 
 It has always been a mystery to me how he ever got those people to make such 
 affidavits as that, unless he hypnotized them, as there was not one word of truth 
 in anything they swore to. It is possible that Heidecke might have been smooth 
 enough to make the affiants think they had seen those twelve entrymen up there 
 at various times, but it could only have been accomplished through the inspiration 
 of an optical delusion. 
 
 Loomis must have overdone the thing, as it was not a great while after 
 he sent in his report before he called on me at my home in Portland and stated 
 that he had received fresh instructions from the Commissioner of the General 
 
 Page 55 
 

 03 
 
 O 
 
Land Office, requesting him to obtain personal affidavits from the homesteaders, 
 with reference to their improvements, cultivation and residence on their claims. 
 Loomis added that, inasmuch as he was acquainted with the character of the 
 improvements on the claims, and knew practically wdiat was required in the nature 
 of affidavits by the Department, he had already prepared a lot, and asked me 
 to round up the twelve homesteaders and have them appear before him for the 
 purpose of attesting the same. 
 
 I immediately notified Mrs. Emma L. Watson, Nellie Backus, Thos. R. 
 Wilson and Frank H. Walgamot, whom I found in the city, what would be 
 required of them, and at the same time, I wired to San Francisco to "Geo. L. 
 Pettis" and Maud Witt, to come to Portland, and upon their arrival, an appoint- 
 ment was made with Dr. Loomis at his rooms in the Liiperial Hotel, where 
 all of the above-named persons met and signed the affidavits, certifying to the 
 improvements of the other six entrymen who were not present, some of whom, 
 they declared, were out of the State, while others were out of the United States. 
 
 Some months after this, ''Lookout" Tarpley informed me that he had 
 heard, through IMerritt Ormsby, a son of Captain Salmon B. Ormsby, 
 Superintendent of the Cascade Forest Reserve, that the Commissioner of the 
 General Land Office had instructed his father to go up into Township "11-7" 
 and make an examination of the improvements and cultivation of these twelve 
 homesteaders, and to ascertain, through affidavits of disinterested persons living 
 near by, as to what they knew of the homesteaders, together with their 
 improvements and residence on the claims. 
 
 As I was not acquainted with Capt. Ormsby, I concluded to try and work 
 the old man through his son, Merritt, so I had Mrs. Emma L. Watson go to 
 the Wells Fargo Bank of Portland, purchase a draft in the sum of $500, 
 and indorse it to the order of Merritt Ormsby. I then went up to Salem and 
 had a talk with the young man, telling him that if he could induce his father 
 to go at once into Township "11-7," and make an examination of those twelve 
 homestead claims and return a favorable report thereon, that I would pay him 
 $500 as soon as the patents issued. At the same time, I flashed the $500 draft in 
 full view, and told him that I would put it up in escrow, if he so desired. He 
 promised to see his father right away, and the next day informed me he had had 
 a talk with the old gentleman, who had consented to go on the trip without delay. 
 
 During my interview with young Ormsby, I impressed upon him the 
 advisability of having his father correspond with Special Agent Loomis, with 
 a view of meeting the latter before making the trip to "11-7," and in case he 
 could not meet Dr. Loomis personally, to have his father endeavor to secure a 
 copy of the Loomis report to the Commissioner, bearing upon the subject of 
 these homestead entries, and which report, he had but recently forwarded to 
 Washington, as I believed it would be of great benefit to his father, in view of the 
 fact that Dr. Loomis had made a personal and thorough examination of the 
 twelve claims prior to making his report. 
 
 I then sent "Lookout" Tarpley with Captain Ormsby to Detroit, and posted 
 Tarpley, before leaving, in regard to Loomis' report and of Heidecke's connection 
 therewith, instructing him to have the latter do about the same for Ormsby as 
 he had done for Loomis, at the same time, handing Tarpley sufficient funds to 
 entertain Ormsby in a befitting manner, settle the bills in general, and in addition, 
 in view of the fact that the ^vere winter storms were probably wearing heavily 
 on my old friend Heidecke, and believing that he would appreciate a little 
 remembrance, I handed him a bill of respectable denomination to be given the 
 erstwhile mountaineer. 
 
 Upon arriving at Detroit, Tarpley lost no time in advising Heidecke of 
 the situation, at the same time presenting to him the greenback I had entrusted 
 to his care for that purpose. The result was, the necessary affidavits were 
 obtained from the different so-called disinterested persons, living in and about 
 Detroit, in regard to the residence and improvements of the twelve alleged 
 
 Page 57 
 
homesteaders, and which affidavits Heidecke procured in short order. At 
 tliis time it was ah(mt the middle of January, 1902, and the snow was 
 at least six feet deep over the entire township. Notwithstanding this fact, 
 Captain Ormsby, accompanied by Heidecke, started for Township 11-7, while 
 Tarpley, believing that his mission had been fulfilled, returned to civilization, 
 after remaining- out one night with Ormsby during the "inspection." 
 
 Some two or three weeks later I met young Ormsby in Salem, and was 
 informed by him that his father had made out his report and had forwarded the 
 same to Washington ; also that he had seen Special Agent Loomis before doing 
 so, and as near as he could find out, the report would be favorable. 
 
 It developed later that Heidecke had failed to carry out his part of the 
 programme, whether because he realized that he had gone too far already in the 
 matter of his connection with the Loomis report, or because of the insufficiency of 
 the amount sent to him to play the same part over again in the handling of Orms- 
 by, I have never been able to determine. I do know, however, that Heidecke had 
 no sooner started on the trip with Ormsby toward the mountains, when he was 
 seized with a severe attack of the "cold feet" complaint and turned about for 
 home, at the same time, informing Forest Superintendent Ormsby that there 
 wasn't a cabin anywere to be found up there ; that he had made the trip with 
 Special Agent Loomis some time before, and that it could serve no good purpose 
 to do the same thing over again. Just how Ormsby and Heidecke patched up 
 matters between them, I have never been able to learn, but of one thing I am 
 certain, Heidecke signed affidavits for Ormsby, testifying as to the cabins and 
 improvements on the claims of the so-called homesteaders, all of which Ormsby 
 accepted and forwarded to Washington, notwithstanding Heidecke's personal 
 statement to him that the cabins and improvements never existed. 
 
 Inasmuch as I was unable to learn definitely as to the character of Forest 
 Superintendent Ormsby's report, further than the information volunteered by 
 young Ormsby, and which was only an opinion, I concluded to call on my old 
 friend Mays once more, advise him of the status of afifairs and learn what he 
 had to say about the matter ; so, after relating to him all the circumstances, 
 including the various transactions wherein offers of money had been made, as 
 well as paid, to those standing in the way of patents, particularly calling 
 his attention to the Ormsby obligation of $500, Mays said that it would be a 
 good plan for me to go back to Washington and see Senator John H. Mitchell, 
 and get him to help me out. He also suggested, because of the claims being 
 in the name of Mrs. Watson, that it would be well to have her go to Washington 
 also, as the Senator, if it could be made to appear that Mrs. Watson was 
 sufifering on account of the delay, would probably exert himself more on her 
 account than he would be disposed to do in the case of a man, Mays remarking 
 at the time, "a woman's influence, you know, is always supreme." 
 
 I told Mays- that I thought his suggestion a good one, and stated that I 
 would communicate with Mrs. Watson immediatey, which I did, addressing her 
 at Los Angeles, California, and urging that it would be necessary for her to go 
 on to Washington and requesting that she advise me if this would be agreeable 
 to her and if so. when she could make the trip. Upon receiving a reply, in 
 which Mrs. Watson told me that she would go to Washington and would 
 probably arrive there about March 1st, I called on Mays again, informed him of 
 Mrs. Watson's disposition in the matter, and asked him for a letter to Senator 
 Mitchell and to make it good and strong, telling the Senator how important it 
 was that the patents issue without delay, and that I would certainly make it 
 all right with him. 
 
 Mays agreed to comply with my request, so I purchased a ticket, called 
 again at Mays' office, for the letter, and on the following day started for 
 Washington, D. C. 
 
 Arriving at the Capitol city, about February 28th, 1902. I went direct to 
 the Dewey Hotel and called upon Senator Mitchell, delivering the letter which 
 
 Page 58 
 
"Bearing Tree" in 11-7 
 
 had been given me by Mays. After the Senator read Mays' letter and heard 
 what I had to say, he stated that he would be very busy that day, but for me to 
 come around the next morning at 9 :30, and he would see what could be done. 
 Promptly at the time appointed, I called at the Senator's rooms, and went into 
 all the details about the twelve claims, insofar as it might appear as a legitimate 
 transaction, telling him that if he could devote a little of his valuable time to my 
 case, and secure for me the issuance of patents, I would pay him well for his 
 trouble. The Senator evinced a willingness to do all he could for me. We then 
 took a carriage and drove up to the Land Department for the purpose of seeing 
 Commissioner Binger Hermann, and after exchanging greetings all around, the 
 Senator asked Mr. Hermann for the status of the twelve claims. 
 
 Commissioner Hermann accompanied us to Division "C," where we learned 
 that it would be necessary to go to Division "P," so we took the elevator to one 
 of the floors above and proceeded to the division in question, where Mr. Hermann 
 asked one of the clerks for a status of the entries, at the same time handing him 
 a list of the same. As the information could not be procured forthwith, the 
 Commissioner instructed his clerk to bring it to his office, whereupon Senator 
 Mitchell proceeded to the Senate Chambers and I returned with Mr. Hermann 
 to his office to await the clerk's report. 
 
 About fifteen minutes later, the clerk appeared and handed to Commissioner 
 Hermann the status of the entries, stating that the reports had all been received, 
 that of Superintendent .Ormsby having just arrived, and that they were all 
 
 Page 59 
 
favorable, but that it would be several months before they could be acted upon, 
 as they would have to come up in their regular order. 
 
 I then asked the Commissioner if it would be possible to have the claims 
 made special, to which he replied that this could be done, provided, however, that 
 I could show good cause why such action should be taken. 
 
 As I could not think of any "good cause" why my claims should be made 
 special, I hesitated to make reply and evidently looked perplexed, as Mr. Hermann 
 came to my rescue with the suggestion that I think the matter over and see 
 .Senator Alitchell again, whom he had no doubt could prepare an affidavit for me 
 that would be acceptable to the Department. 
 
 Acting upon the advice of the Commissioner, I called upon Senator Mitchell 
 again that evening and informed him of the status of the entries; how all reports 
 received had been favorable, but that, inasmuch as Superintendent Ormsby's 
 report had been received but a few days ago, it would probably be several 
 months before the Department could act, unless they were made special. I then 
 informed the Senator of Mr. Hermann's suggestion that I see him. and have 
 an affidavit prepared setting forth the facts and showing cause why the patents 
 should be expedited. 
 
 The Senator then asked me if I could present any good reasons wdiy my 
 claims should be made special, and which would warrant the expediting of the 
 patents. I replied that I did not know exactly what was required ; that my 
 anxiety concerning the patents arose from the fact that I had bought the claims 
 one year previously, and that they were now standing in the name of Mrs. Emma 
 L. Watson, a widow, who had considerable money involved in the transaction, 
 and was anxious to get it out; also, that under the present situation of the title, 
 I could not dispose of the land, or borrow any money thereon. I then handed 
 the Senator the abstract of title, showing the claims to be in Mrs. Watson's 
 name. After reading it over, he asked me where she was, and I replied that she 
 was on her way to Washington City and was due to arrive at any moment. 
 
 The Senator then informed me that it would be necessary for Mrs. Watson 
 to make an affidavit, setting forth some good reason why the patents should be 
 expedited. This, he stated, he could prepare for her in advance, as I was 
 probably familiar with the facts and could aid him in the preparation of a list 
 of questions that would cover the ground. I informed the Senator that I 
 believed this possible, so he then asked me several c[uestions relative to Mrs. 
 Watson's need of the money that was involved in the entries, and if there was 
 any danger of her suffering financial loss on account of delay. I replied that she 
 had mortgaged some property in Seattle in order to get the money to put into 
 these lands ; that the mortgage was past due, and that she was hard pressed 
 for the money. 
 
 Senator Mitchell assured me, under these circumstances, that Mrs. Watson 
 could make an affidavit sufficiently strong to secure the expediting of the patents, 
 and that he would prepare one in the meantime and have everything in readiness 
 when she arrived. 
 
 Upon Mrs. Watson's arrival, March 3rd, or two days after my conversation 
 with Senator Mitchell relative to the affidavit, I escorted her to the Senator's 
 rooms at the Dewey Hotel and introduced them. The Senator received her very 
 graciously, and a few moments later handed her the affidavit, which was in 
 typewritten form, remarking that if she found it to be satisfactory, it would be 
 necessary for her to sign and acknowledge the same. Upon her expressing some 
 doubts relative to the contents of the document, Senator Mitchell asked her if I 
 had not explained its nature, and she replied in the negative, stating that 
 she had just arrived in the city and had not had an opportunity to talk the 
 matter over with me. but admitting, however, that I was attending to the de- 
 tails for her. 
 
 "But. Senator, if you and Mr. Puter say it is all right for me to sign it. 
 I will do so," she added. 
 
 Page 60 
 
Senator Mitchell then explained that the affidavit was prepared for the 
 purpose of showing her interest in the lands, as a basis for having the patents 
 expedited. We then took a carriage and drove to the Commissioner's office, 
 where Mrs. Watson was introduced to Mr. Hermann by the Senator, the latter 
 explaining to the Commissioner how Mrs. Watson had come all the way from 
 the Coast, in order to try to secure patents to. her lands, and mentioned the fact 
 that he had prepared affidavits for the purpose of showing why the claims should 
 be expedited, and which he would send to the Department immediately. 
 
 Mrs. Watson, the Senator and myself then drove up to the United States 
 Senate Chamber, where we were introduced to a notary public, who took Mrs. 
 Watson's acknowledgment, and also that of my own to an affidavit similar in 
 effect to that made by Mrs. Watson. 
 
 While in the carriage on the way to the Senate Chamber, Senator Mitchell 
 advised Mrs. Watson that it would be a good idea for her to call around and see 
 the Commissioner cjuite often, as it would help her out by getting acquainted with 
 him in this way and it might also tend to stir him up. He said that she would 
 find Mr. Hermann a very agreeable man to talk with, and that he would take an 
 interest in her case. 
 
 Mrs. Watson took the hint and made a practice of calling frequently upon 
 Mr. Hermann, and he would invariably request some clerk to let him know 
 how matters were progressing with regard to certain claims about which he had 
 given instructions, and upon receipt of the information, Mr. Hermann would 
 advise Mrs. Watson as to the progress being made, explaining to her on the 
 occasion of each visit, that the work involved was of considerable magnitude, 
 and that much time was required in its execution, thus soothing whatever anxiety 
 she might have entertained in this direction. 
 
 Within four or five days after Mrs. Watson's first call on the Commissioner, 
 I decided to pay him a visit personally, and upon arriving at his office, Mr. 
 Hermann picked up a document from his table, remarking as he held it in his 
 hand, that he had received it but a few minutes before from Division "P,"' and 
 which document, as Mr. Hermann explained, contained a full report of the 
 findings of said division, the result of which knocked us out completely on the 
 twelve claims at issue. 
 
 This was a body blow which well nigh took my breath, but recovering my 
 composure, I said: "Mr. Hermann, what am I to do?" 
 
 To which he replied in substance : "Now Puter, can't you return to 
 Oregon, round these people up again, and secure proofs sufficient to warrant the 
 issuance of these patents?" 
 
 Mr. Hermann's demeanor throughout, after stating that we had been 
 knocked out completely, was such as to inspire me with hope, that, if certain 
 conditions were complied with, the patents could be pulled out. Not stopping 
 to ask what these conditions were, or making further inquiry into the contents 
 of the document which Mr. Hermann held in his hand, I cut the conversation 
 short by asking that he, as a personal favor, would defer further action on those 
 claims until I could have a talk with Senator Mitchell, which request the 
 Commissioner readily granted, assuring me that ample time would be extended 
 for that purpose. Thereupon I went up to the Senate Chamber and waited for 
 the Senator to come out. 
 
 When Senator Mitchell appeared, I took him to his hotel in a carriage, 
 and in the course of the interview that followed, I told him exactly what Mr. 
 Hermann had said. The Senator expressed his regrets at the turn of affairs, 
 stating that he did not expect anything of the sort. After thinking the matter 
 over for a few moments, he asked me if I did not think it best to follow Mr. 
 Hermann's suggestion, and return to Oregon, where additional proofs might be 
 secured. 
 
 I replied that it was simply out of the question — that the entrymen, after 
 making final proof, had scattered to the four winds, some of them going to 
 
 Page 61 
 
Binger Hermann, Ex-Commissioner of the General Land Office 
 under indictment in numerous land fraud cases 
 
Alaska, some to Manila, and others to distant lands, and that it would be an 
 utter impossibility to get them together again on a measure of that sort; also that 
 those remaining in Oregon would attempt to hold me up for more than the land 
 was worth, should I ask them to do anything more to perfect their titles. It 
 was my sole purpose, at that particular moment, to close the deal, once and for 
 all, and I was not to be put off, and I had no hesitancy in telling the Senator 
 that, so far as the original entrymen were concerned, they had fulfilled their 
 obligations to the letter, and that it was up to me to secure patents to the lands 
 which I had bought and paid for. This, as I explained, could not be accomplished 
 in Oregon — the City of Washington was the place — that I was on the ground with 
 but one object, and that, as he well knew, was to secure title to those claims. 
 
 I went on to explain that I had considerable money tied up in the claims 
 already, and that, unless he could pull the patents out for me, and at once, I 
 would be put to considerable financial loss. 
 
 "Senator," I said, vehemently, 'T want you to go over and see Mr. 
 Hermann yourself, and try to get him to reconsider his action. I fail to perceive 
 any reason why those patents should not issue." 
 
 The Senator, at this point, proceeded to assure me that he would see 
 Commissioner Hermann at the earliest possible date, and would devote as much 
 time to my interests as he possibly could, consistent with the many demands made 
 upon him, in performance of the everyday routine of business. 
 
 "Now, Senator," said I, "delays are dangerous, and besides, I have other 
 matters which demand immediate attention. Already I have something like 
 $8,000 tied up in these lands, and I cannot afford to lose that amount. The 
 truth is, Senator," I continued, "I stand ready to put up the last dollar that I 
 expect to receive for those lands," and pulling two $1,000 bills out of my pocket, 
 I placed them on the table in front of the Senator, with the remark that I 
 considered his services well worth that amount, and insisted that he accept them 
 and represent me, to the end that patents issue without further delay. I explained 
 further, that with this expenditure, I would just about come out even on the 
 deal, and that, as I fully realized his ability to represent me in the matter, I was 
 only too glad to pay him this money for his services. 
 
 The Senator raised his hand in gentle protest, saying: "No, no, Mr. 
 Puter, I cannot think of allowing you to pay that sum of money to me." 
 
 "That does not make any difference," I answered, "you must take it, 
 Senator, for I have already occupied a lot of your time and I know full well, if 
 you will go over the whole ground with Mr. Hermann, you will convince him that 
 those patents ought to issue immediately." 
 
 I then reviewed the entire case with Senator Mitchell ; how C. E. Loomis, 
 the Special Agent, had made a thorough examination of the claims, relative to 
 improvements and cultivation thereon, and had recommended the issuance of 
 patents, in view of his investigations ; also how he had secured affidavits from 
 various persons residing in the neighborhood, all of whom certified to the good 
 faith of the entrymen. I likewise cited the fact of Captain Ormsby, Superintendent 
 of the Cascade Forest Reserve, having gone there and of his making a supple- 
 mental report, covering practically the same ground. 
 
 After listening to these arguments, the Senator said : "Mr. Puter, you 
 cannot afford to pay me such an amount as this," at the same time, picking up one 
 of the bills and pushing the other in my direction. 
 
 I tossed the bill back across the table to him and replied : "Senator, I 
 insist on your taking this money ; your services are well worth it in this case, and 
 if you will only spare the time to go over the homestead proofs with Commissioner 
 Hermann, together with the reports of Special Agent Loomis, and Forest 
 Superintendent Ormsby, you will convince him that patents to those twelve claims 
 should be issued without delay. I am satisfied that Mr. Hermann does not 
 want to turn those entries down ; I could see from his conversation and manner 
 toward me that he stood ready to assist in every way possible, and am confident. 
 
 Page 63 
 
Daniel W. Tarpley, convicted with Puter and others in the 11-7 case 
 {Familiarly known as "Lookout Dan") 
 
if you will give him a personal talk that all will be well with me." The Senator 
 then accompanied me to the door, and placing his hand upon my shoulder, said : 
 "]\lr. Puter, I will call on Air. Hermann immediately after dinner this evening, and 
 if you will call on me tomorrow, I will report the result of our interview." 
 
 At nine o'clock next morning I called on the Senator at his rooms in the 
 Dewey Hotel, at which time he informed me of having called on Commissioner 
 Hermann on the evening before ; of having gone over the ground with him, insofar 
 as Mrs. Watson's pressing need of money was concerned; also laying before him 
 the fact of my close personal friendship with Mr. Mays, of Portland, and in 
 addition, the Senator added, "I told him how I felt about the whole matter and 
 advised that he do something for you without further delay. Commissioner 
 Hermann," continued the Senator, "then mentioned having known you for a 
 long time, and when he expressed himself as feeling kindly toward you I lost no 
 time in 'fixing' things up with him, and I feel confident that you will experience 
 little or no further difficulty." 
 
 The Senator then suggested that I call around and see Mr. Hermann that 
 afternoon or the following morning and that he would probably have something 
 definite for me at that time. 
 
 About 2 o'clock, while on my way to the Land Department, I met Mr. 
 Hermann, who informed me that the Senator had been up to see him and that 
 they had talked matters over relative to my twelve claims, and that it was his 
 purpose to take the matter up personally and, if within his power, he would 
 have the patents issued. 
 
 I did not find it convenient to call on Senator Mitchell again that evening, 
 but paid him a visit on the day following, when I proceeded to inform the Senator 
 that I had met Mr. Hermann on the afternoon of the day before and that he had 
 promised to take the matter of my patents up personally. 
 
 "It is evident, Mr. Puter, that I have seen Mr. Hermann since you talked 
 with him last," broke in Senator Mitchell, "as he told me last evening tliat he 
 found everything all right and had decided to issue the patents." 
 
 This was good news to me, so I repaired at once to the Commissioner's 
 office, and was told by Mr. Hermann that he had ordered the patents issued and 
 that I would get them in a few days. 
 
 Two or three days later, I called again on the Commissioner to make sure 
 of the ground, and Mr. Hermann sent one of his clerks down into the basement 
 with me, where we found a female clerk, whose business, I was given to under- 
 stand, was to write up the patents, and I ascertained that she was working on 
 those of mine, much to my satisfaction and relief, for now, at last, the long chase 
 was indeed drawing to a close. 
 
 I then returned to the Dewey Hotel and informed Senator Mitchell that 
 everything was all right, as I had seen several of my' patents made out, and that 
 the others would be forthcoming immediately, so I bade him goodby and returned 
 to Portland, Oregon, via California, and when I arrived in Portland, the entire 
 twelve patents were awaiting me. 
 
 Calling on F. Pierce Mays immediately on my return, I gave him a complete 
 history of my experience in Washington ; how I had "backed and filled" — lost and 
 won — only to lose again, and how, in my last desperate efi:'ort, as it were, I planked 
 down a cold two thousand, and, in the imrhortal words of the Yankee trader 
 who said, "Money talks," I managed to come off victorious, though I was forced 
 to admit, without having added materially to my bank account. 
 
 After finishing my story, I thought that Mays would have a fit, right 
 there and then. 
 
 "'Two thousand dollars — two thousand dollars," he repeated, "why, man, 
 what were you thinking about?" 
 
 "Had to be done," said I, "it was a case of come through or lose every- 
 thing.'" 
 
 Page 65 
 
To say that Mays was angry with me would be expressing it mildly. He 
 said that those people in Washington would think I was made of money and 
 would eagerly await my return visit. 
 
 "Yes, sir," said he, "you have ruined the game, Puter, and from this time 
 on, it will be a case of 'money talks' or no business, whereas, heretofore, we could 
 get most anything- asked for at comparatively little expense." 
 
 Mays thought that $500 was a great plenty for the work involved, and 
 upbraided me severely for having paid a cent more. 
 
 Having escaped from Mays' office, the question arose as to which of 
 my experiences was the most exciting. In Washington, I was in danger of 
 becoming a bankrupt and losing my credit; while upon my return home, it 
 appeared, for the moment, that my very life was in jeopardy. 
 
 My first thought was to leave the country, but as I had gone to the 
 trouble and expense to secure patents to those lands, I decided to stop off at 
 Albany, Oregon, where I had the patents recorded and obtained an abstract of 
 title. I then mustered up sufficient courage to return to Portland, where I 
 called on Frederick A. Kribs, the financial agent of C. A. Smith, the millionaire 
 lumberman of Minneapolis, Minn., mention of whom has been made in a former 
 chapter. I informed Mr. Kribs that patents had been issued to the twelve claims 
 in Township 'Tl-7" and that, as I had agreed to sell them -to him upon receipt 
 of patents, I asked as to his disposition in the matter at this time. 
 
 Mr. Kribs was glad to learn that the title had been made clear, as he had 
 an opportunity to select twelve quarter claims of extra fine timber land in lieu 
 thereof. 
 
 As Mr. Kribs wanted to secure transfer of the property immediately, 
 I had him make out a deed, which I presented to Mrs. Watson upon her return 
 from the East, and had her appear before a notary public to acknowledge the 
 same, transferring the property to Kribs, after which Mrs. Watson returned the 
 deed to me, and I called on Mr. Kribs again, turning over the deed and abstract 
 of title to him, and receiving in return, a check made payable to Emma L. Watson 
 in the sum of $10,080, which was at the rate of $5.25 per acre. The check in 
 question was delivered to Mrs. Watson by me and deposited by her to her personal 
 account, at which time she deducted the amounts advanced toward the purchasing 
 of the claims, together with the amount she was to receive for her personal 
 claim, and handed me a check for the balance. 
 
 "T. A." Ranch 
 
 on Crazy 
 
 Woman Creek 
 
 Wyoming 
 
 where the Cattle 
 
 Rustlers' War 
 
 terminated 
 
 in 1892 
 
 Page 66 
 
Chapter V 
 
 Emboldened by their success in the " ii-f deal, Puter and McKinley seek new 
 zvorlds to conquer, and are rezvarded by making a rich haul in Township 
 "24-1" — McKinley plays an interesting hold-up game with Clyde Lloyd 
 in the transaction, his careless methods resulting in laying the foundation 
 for subsequent Governmental prosecutions — The irrepressible Franklin 
 Pierce Mays also takes a hand in the game upon a percentage basis, and 
 poor Hobson is left zvith his usual choice. 
 
 DURING April or May, 1901, McKinley and I discovered that Township 24 
 South, Range 1 East, Willamette Meridian, had been surveyed and become 
 
 subject to entry, and as the township was located within the range of the 
 Cascade Forest Reserve, and was practically in the same condition as "11-7" 
 when we located the twelve claims there, and being emboldened because of our 
 success in the latter township, we concluded to try our luck again in locating 
 some more homesteaders, in the same manner pursued in "11-7," with the object 
 of acquiring the basis upon which to make other selections. 
 
 Up to this time, be it known, we had experienced no difficulty in the matter 
 of our operations in Township "11-7;" the claims having been acquired, final 
 proofs made, and deeds transferring the lands to Mrs. Emma L. Watson having 
 been executed, without the slightest intimation of impending trouble. It only 
 remained, therefore, from outward appearance, to await the issue of patents, at 
 which time the base in question could be relinquished to the Government and 
 other lands selected in lieu thereof. 
 
 As Township 24 South, Range 1 East, was situated on the headwaters of 
 the Middle Fork of the Willamette river, and at an altitude of 4,000 feet and was 
 miles away from any settlement, the conditions made it all the more favorable to 
 our plans, as it was not likely that any one would know whether the homesteaders 
 we located there were bona fide settlers or not. 
 
 As the township was located in Lane county, McKinley contended that the 
 homestead filings as well as final proofs could be made before Marie L. Ware, 
 the United States Commissioner at Eugene, the county seat, and he suggested 
 further, because of the fact of Miss Ware being in love with him, that we could 
 work the "dummy" proposition for all it was worth. 
 
 Miss Ware was the daughter of Joel Ware, one of the most respected 
 citizens of Lane county. He had been the Clerk of Lane county for a number 
 of years, and had filled various other official positions during his long residence 
 in Oregon, the last being United States Commissioner. 
 
 For several years prior to her father's death, Marie had acted in the 
 capacity of clerk in the office, and in that way became quite familiar with official 
 forms. It enabled her to gain an intimate knowledge of land office business 
 coming before her, such as receiving filing papers, and entering them upon the 
 records and township plats ; taking final pr*oof of claimants, and testimony of 
 witnesses besides hearing the testimony in contest cases, etc., afterwards trans- 
 mitting the same to the Roseburg Land Office. 
 
 For a year or more before her father's death, Marie conducted all the 
 business that went through his office. Whenever any persons desired to make 
 final proof, she would take down their testimony, afterwards escorting them to her 
 father's bedside, where he would have them acknowledge their signatures, and 
 then attach his official seal to the documents. Mr. Ware continued to fail in 
 health, until finally the United States District Judge, Hon. Chas. B. Bellinger, 
 
 Page 67 
 
appointed Marie as his successor. She was an exceedingly vivacit)us girl, brimful 
 of spirit, and very attractive in many ways, with rich auburn hair resembling bur- 
 nished gold. McKinley. although already married, had been her sweetheart for 
 years, and their infatuation has since culminated in the divorce of the McKinleys 
 and the subse([uent marriage of Horace and Marie. 
 
 When McKinley and I came to an understanding with reference to filings 
 in Township "24-1," it was agreed between us to dispense with the formality of 
 securing bona tide settlers, as that process would only incur unnecessary expense, 
 and because of the intimacy which existed between Horace and Marie, the 
 "dummy" proposition could be resorted to without fear of detection, and would 
 prove by long odds the most satisfactory from a financial standpoint. This plan, 
 therefore, was decided upon, and McKinley suggested that I go to Eugene and 
 call on Marie, informing me at the same time that he had previously talked the 
 matter over with her and that everything would be all right. 
 
 Visiting Eugene, I called upon Miss Ware and advised her of the object, 
 whereupon she expressed a willingness to do the work and wanted to know what 
 there would be in it for her. We eventually reached an agreement whereby I 
 was to allow her $100 on each claim put through, which was to be paid her as soon 
 as final proof was made and the certificate issued by the Receiver of the Land 
 Office, and in addition, I was also to pay the land office fee, advertising expenses, 
 and cost of final proof, which altogether, amounted to practically $50. This 
 township being double-minimum land, i. e., within the indemnity limits of the 
 California & Oregon Railway Company's grant, the expense was doubled. 
 
 In return for the consideration named, Marie agreed to fill in on the filing 
 papers the description of the land to be located, attend to the advertising, and at 
 the time of making final proof, to fill in all the questions asked on the blanks, both 
 for the entrymen and their witnesses. This she did on the typewriter, so it 
 only became necessary for me to procure signatures to represent the different 
 entrymen and their witnesses to the various blanks. 
 
 After reaching an agreement with Marie, she handed me several sets of 
 papers, including homestead applications, homestead affidavits, final proof blanks 
 for claimants and witnesses, affidavits of publication, non-mineral affidavits, blank 
 deeds, and one or two other forms such as were required in making homestead 
 entries. This was for the purpose of enabling the applicant to sign all the papers 
 at the same time, thus obviating the necessity of appearing before her or anyone 
 else again. Although illegal, it avoided a whole lot of red tape procedure. It 
 will be seen that this method guaranteed an exact duplicate of the signature on 
 each set of papers from the application down to and including the very deed 
 itself, and as Marie had agreed to act as notary in the taking of acknowledgments 
 of the signatures in question, there could be no hitch in the proceedings, nor 
 would it be possible to introduce an outsider at some later date to prove that 
 the signatures were other than genuine throughout. 
 
 Returning to Portland, I called on McKinley and informed him of the 
 arrangements I had made with Marie, and stated that it was my intention to call 
 on my old stand by, F. Pierce Mays, and let him in with me on the deal. 
 
 Aly object in so doing, as I explained to McKinley, was to secure the 
 expediting of the patents at the earliest date possible, and this, I believed, could 
 be accomplished through Mays quicker and better than through any other source, 
 and besides Mays felt more or less aggrieved because of being left out on the 
 "11-7" deal, and I thought, by letting him in on the "24-1" deal, to right matters 
 with the old man and place him in line again for further operations. I suggested 
 to McKinley that he. too, take Mays in with him, in whatever claims he might put 
 through personally in the same township. 
 
 I then called on Mr. Mays and explained to him the scheme, whereby it 
 was proposed to secure a lot of homestead claims, which were situated in a 
 township, the surrounding conditions being similar to those in Township "11-7." 
 I gave him full particulars with reference to my arrangement with ]\Iarie Ware, 
 
 Page 68 
 
f^ 2 
 
 
whereby she agreed to permit of the "dummy"' system being employed in securing 
 title to the lands, for which services she was to receive the sum of $100 in each 
 instance, and in addition, the actual expenses for land office fees, etc., or about 
 $50 extra, making $150 in all for each claim put through. 
 
 After examining the map to determine that the township was located as 
 represented and within the limits of the Cascade Forest Reserve, Mays consented 
 to go in with me on the deal, he to pay one-half the expenses and to receive one- 
 half the profits. 
 
 When the subject of patents came up, ]\Iays said that he would attend to 
 that feature, as he was in a position to have them expedited without delay. He 
 could not tell, however, off-hand, what it would cost, but that was a matter, 
 he stated, that could be adjusted in final settlement, so I agreed to take liim in as a 
 full-fledged partner. 
 
 He wanted to know how many claims I expected to put through by the 
 process described, and I replied that I could not say, as it all depended upon 
 circumstances. My idea was to run through a few at a time, so as to avoid 
 arousing suspicion. Mays thought, however, that we should get at least twenty- 
 four or more right away, but I objected to that on the ground that the officials 
 of the Roseburg Land Office would become suspicious if called upon to issue so 
 many final certificates all at once in a single township. 
 
 I then went down town and secured applicants who signed up two sets of 
 papers for me, and mailed them, together with a check for $100, to Marie Ware 
 at Eugene, and requested her to make the filings. I also gave a bunch to McKinley 
 and asked him to have them signed and forwarded to Marie. 
 
 Several days later I received a letter from Marie, stating that she had 
 filed the two applications sent up, and that Horace had left five sets of papers 
 with her to be filed for me, and requesting that I send her the necessary fees. 
 I thereupon inclosed her a check for $250, and requested her to make the filings, 
 which was done. A w^eek or so after this I sent her another bunch, but she wrote 
 back that McKinley had instructed her not to make any more filings. 
 
 I met Horace on the streets of Portland a few days later, while he was 
 en route to La Crosse, Wis., and asked him what objections he had to Marie 
 filing the last bunch of homestead claims. He replied that he did not propose 
 to permit her to file those entries for Mays and myself, unless he could be figured 
 in on the deal. I then told Horace, as I had in the beginning, that he, too, could 
 go in with Mays, the same as I had done, and that whatever they put through 
 independent of me, I should claim no interest in. He urged that it was giving 
 Alays too large a share, and proceeded on his journey without any definite 
 understanding on the subject. 
 
 I sent Marie a check to cover the expense of filing the last bunch of papers 
 forwarded her, and again requested her to file the same. Some days later, she 
 returned them, together with my check, and said that, upon receipt of my letter, 
 she had wired Horace at LaCrosse to know whether or not she should file the 
 last bunch of entries, and that he had telegraphed a reply, directing her in 
 positive terms not to do so. I thereupon telephoned her to come to Portland, 
 which she did at once, registering at the Imperial Hotel. 
 
 Upon Marie's arrival, I called on Mays and told him that she was in 
 town, at the same time explaining the circumstances of her coming, and he said 
 he would have a personal interview with her. Mays then w^ent up to the hotel 
 and pleaded long and eloquently with her to recede from her position, informing 
 Marie that there were but three days left in which to file the homestead claims, 
 as the ninety days were about up in which settlers would have prior right to 
 initiate title, so he insisted upon her putting them through without further delay, 
 but without avail, as Marie positively declined to take a single step without the 
 consent of McKinley. 
 
 Mays returned to the office and reported to me all that had occurred, at 
 the same time advising that I call on her again and see if I could make any 
 
 Page 70 
 
impression personally, to the end that she would make the filings. I would 
 probably have done this, but as Mays lost his temper, flew into a rage, and made 
 a great many uncomplimentary remarks about the girl that I did not like, I 
 concluded not to say anything more to her upon the subject. 
 
 It might be stated here, that although I succeeded in getting Marie to 
 accept seven filings altogether, there were but six of these that were put through 
 to patent, as the ofiicials of the Roseburg Land Office discovered a discrepancy 
 in the seventh, or what is known as the "Abbott Claim," and as we neglected to 
 make the correction within the time set by law, this entry went by the board. 
 
 The names used to secure the six claims which finally went to patent, 
 were as follows : Robert G. Tupman, Robert Simpson, Frank H. Heme, William 
 H. Watkins, Samuel L. Carson and James Warwick. 
 
 About the time of making final proofs, T called on Mays and requested 
 that he put up his one-half of the expenses, or $450, informing him that I had 
 succeeded in securing but 6 claims, and that I had put up exactly $900 to date. 
 I asked him at the same time to whom the lands should be deeded, as w^e did not 
 care to be known in the transaction. 
 
 Mays thought it would be a good plan to leave the name of the grantee 
 blank for the time being, and also the date, but to have the instrument witnessed 
 and acknowledged. Upon my suggestion, however, he consented to have the 
 lands embraced in the transaction transferred to Emma L. Watson, to be held 
 by her in trust, and as for his share of the expenses, he said that he would 
 advance sufficient to cover the expediting of the patents, and that we could have 
 a general settlement of the account later on. 
 
 I then called upon Mrs. Watson and informed her that Mays and I had 
 purchased 6 homestead claims in Lane County ; that their first cost amounted to 
 $900, and that, if she saw fit to advance the money, I would have the claims deeded 
 to her, to be held in trust, and at the time of making a sale, would allow her a 
 quarter interest in the net profits. Mrs. Watson agreed to accept my proposition, 
 and gave me a check for $900, and as soon as Marie Ware had received the 
 final certificates from the Roseburg Land Office, showing that the proofs of the 
 six entries had been accepted, I paid her the money, after which, she filled out 
 the deeds in the name of Emma L. Watson and I turned them over to the latter, 
 and advised her not to record them until such time as I might suggest at a 
 later date. 
 
 About a month after the claims had been deeded to Mrs. Watson, I met 
 Clyde D. Lloyd on the street in Portland, and became engaged with him in con- 
 versation concerning timber lands. He was a friend of McKinley's from Wiscon- 
 sin, and had been associated with him in several timber land deals. In the 
 course of our conversation, Lloyd mentioned the fact that he had purchased 
 three homestead claims of scrip lands in Towmship 24-1 from McKinley, paying 
 for the same at the rate of $500 per quarter section, and he wanted to know 
 about how long it took for patents to issue after final proof was made. 
 
 I realized at once, as soon as he mentioned that the claims were in "24-1," 
 that they were among those that had been taken up by me and in which Mays and 
 I were interested, as the six claims which Marie had put through for me were 
 the only ones in that township that had been proven up on. In reply to my in- 
 quiry as to whether or not he had recorded the deeds, Lloyd answered in the 
 negative, saying that McKinley had requested him to withhold them from record 
 for awhile. 
 
 I went directly to Mrs. Watson and requested that she send her deeds to 
 Eugene without delay and have them recorded, also intimating to her that I 
 thought there was some sharp practice on foot, .\cting upon my advice, she 
 complied immediately with my instructions. 
 
 Some months. later I met McKinley, who had returned from the East, and 
 asked him what he meant by selling my lands to Clyde D. Lloyd. He answered 
 that he had not intended to sell the lands to Lloyd, but that he simplv wanted to 
 
 Page 72 
 
Section cornerstone of two fraudulent claims in 24-1. The first indictment 
 
 against Puter, McKinley and Marie L. Ware, was based 
 
 on six bogus entries made in this township 
 
 get into him to the extent of $1500, so as to force Lloyd to give him a written 
 contract, in order to secure him on the "Marion County deal," and which trans- 
 action was as follows : 
 
 Some months prior to the time McKinley sold my three claims in "24-1" 
 to Clyde D. Lloyd, his father, George Lloyd, of Wisconsin, had entered into a 
 verbal agreement with McKinley, whereby he was to furnish money for the 
 purpose of securing timber lands in the State of Oregon, and which lands, when 
 purchased, were to remain in the name of George Lloyd, until such a time as they 
 considered the price sufficiently advanced to justify them in disposing of the 
 same. McKinley, it will be understood, was to select the land, at which time 
 Lloyd Sr. would have his son, Clyde D., examine them, and if his report proved 
 favorable, the amount was to be produced forthwith, and the deal closed. These 
 lands were to be held in the name of George Lloyd until such time as he or Mc- 
 Kinley learned of an opportunity to make transfer at a considerable advance, 
 when, if agreeable to both parties, the land would be sold, at which time George 
 Lloyd was to deduct the amount advanced by him, together with the interest 
 thereon at the rate of 8 per cent per annum, and turn over to McKinley one-half 
 of the net profits. 
 
 Page 73 
 
The above agreement, not being- in writing-, resulted in much confusion, as 
 between George Lloyd and McKinley, and finally terminated in a civil suit brought 
 by McKinley, through which he attempted to recover the sum of $12,000 which 
 he claimed was due him by Lloyd, involving lands sold to the latter by himself, 
 and which, as later developments will disclose, prompted the Government to make 
 investigations which led up to the land fraud trials, and resulted in the conviction 
 of so many of our prominent citizens. 
 
 This "Marion County deal" consisted of twenty-four claims, or 3812 
 acres and was sold by me to George Lloyd, through McKinley, the sale price 
 being $5.60 per acre, or $21,347.20. 
 
 Some months after these lands had been purchased by Lloyd from me, 
 and through McKinley, the latter learned that Clyde D. Lloyd was negotiating 
 for the sale of the lands, and that he had, in fact, given an option to a certain 
 party, the price named being $12.50 per acre. This option was given without 
 the consent of McKinley, nor had he been consulted in regard to the matter. 
 McKinley, when he learned what was being done, called on Lloyd, Jr., and asked 
 for an explanation, but could get no satisfaction, Clyde Lloyd refusing to 
 discuss the matter further than to state that if the tract was sold, McKinley 
 would be taken care of to the amount of his interest in the lands. 
 
 It is needless to say that Lloyd's demeanor toward McKinley, at this 
 time, was not to his liking, as it was evident to the latter that Lloyd intended 
 to sell the lands and to pocket the entire profits, else he could have no objection 
 to acquainting him with particulars in regard to his action in ofifering the tract 
 for sale. 
 
 McKinley, of course, fully realized that Lloyd had the upper hand, as 
 his agreement with the elder Lloyd was purely verbal, and it would be diflficult 
 for him to establish his right to a half interest in the net profits, as was evidenced 
 by the fact of his bringing suit against Lloyd, Sr., through his attorney. Judge 
 Thos. O'Day, asking for $12,000 commissions, which he figured as being his 
 share of the net profits, based on the option price named by Clyde Lloyd in 
 ofifering the lands for sale at $12.50 per acre. 
 
 This suit dragged along for something like a year and a half, and finally 
 terminated in favor of Mr. Lloyd, it being impossible for McKmley to prove 
 his equity in the absence of a written contract. 
 
 These lands, instead of being sold for $12.50 per acre, were actually 
 disposed of by Lloyd at the rate of $24 per acre, the purchaser being W. H. 
 Gilbert, of Ashland, Wisconsin. The sale was consummated through M. B. 
 Rankin, of Portland, Oregon, and George P. Brayton, of Chicago, Illinois. 
 
 To return to the subject of the six claims in Township "24-1," it was 
 but a short time after final proofs had been made when F. Pierce Mays called 
 me up over the 'phone and asked me to call at his office. Upon doing so, much 
 to my surprise, he informed me that he had just received the patents to the claims 
 in question, and I could not but express wonder that they should be issued in so 
 short a time, as it usually required from one to two years, and frequently 
 longer, to secure them. It indicated to me that Mavs had not been talking at 
 random when he informed me that he had facilities for expediting patents. 
 
 Mays stated that they had cost $100 each, or $600 in all, and as I had 
 expended a sum total of $900 in securing the deeds, the account showed a 
 balance due me of $150 in order to make an equal division of the expenses 
 between us, and we agreed to settle upon that basis. Mays then suggested, if 
 it made no difiference to me, that he would accept three of the claims as his 
 share, as he did not wish to dispose of them at that time. This, also, was 
 satisfactory to me. Whereupon Mays handed me three of the patents, retaining 
 the other three. Those held by Mays were those of Robert G. Tupman, Robert 
 Simpson and Frank H. Heme. Mays then requested that I have Mrs. Watson 
 transfer his three claims to Thaddeus S. Potter, a law clerk in his office, and some 
 kind of a relative by marriage, which request was complied with. 
 
 Page 74 
 
Scene in Township 8 S., Range 3 E. (Marion County, Ore.) on State lieu selections, embracing 
 50 quarter sections, sold by Puter in 1899 to Abaqua Lumber Co., of Wisconsin, for S4A)0 per 
 acre, and purchased in 1907 by L. B. Menefee, Jessie H. Jones and J. M. Rockwell, of Houston 
 Texas, for $87. 50 an acre. Held by present owners at $150 an acre 
 
Potter was afterward convicted jointly with W'illard X. Jones, for com- 
 plicity in the Siletz Indian Reservation frauds. 
 
 The three claims belonging- to Mrs. Watson and myself were sold to Geo. 
 B. McLeod, treasurer of the A. B. Hammond Lumber Company, the sale price 
 being $5 per acre. 
 
 A few \veeks after closing with Mays, he again requested me to call at 
 his oflfice, which I did. and he informed me of having received a letter from 
 Edwin Hobson, a timber speculator of Eugene, which stated in effect that he had 
 purchased the southeast quarter of Section 2, in Township 24 South, Range 1 
 East, known as the "Robert Simpson" claim, and that he had noticed the same 
 land had been included in a deed given by Simpson to ^Irs. Watson, and from her 
 transferred to Thaddeus S. Potter, the presumption being, upon the part of 
 Hobson, that Mays was, in fact, the real owner of the tract. Mays inquired 
 what I kj^w about the matter, to which I replied that I was entirely in the dark 
 on the simject, although I agreed to ascertain the facts without delay. 
 
 Calling upon McKinley for an explanation, he informed me that the 
 claim had been deeded to Edwin Hobson, with the understanding that the 
 document was not to be recorded until later on, but while he was East, Hobson 
 had become alarmed upon learning that a deed to the same quarter section had 
 been recorded, showing the claim to be in the name of Emma L. Watson. He 
 made haste, therefore, to place the deed on record, and immediately communicated 
 with Mays in the hope of learning the true status of the matter. 
 
 The latest information, as related by McKinley. put a new phase on the 
 situation, as it was clearly evident to me that aft'airs were becoming more 
 complicated all the time, as it was also apparent, unless a stop was put to the 
 whole proceeding, and matters straightened out wdthout delay, that I was very 
 likely to become involved in serious trouble. My first thought, therefore, was to 
 force McKinley to tell the whole truth and reveal everything, so that I might 
 be enabled to determine on some action to avoid further complications. 
 
 Summoning McKinley to my room at the hotel, I gave him to understand 
 that I must know exactly how everything stood, and that, if he expected me ^o 
 help him out of the difficulty, it would be necessary for him to give me all the 
 particulars w'ith relation to this Hobson transaction, as well as that connected 
 with his action in disposing of my claims to Clyde D. Lloyd for $1500. This 
 McKinley agreed to do, the story given me at the time being, in substance as 
 follows : 
 
 "Lloyd." said McKinley, "agreed to settle with me in the sum of one- 
 half the net profits derived from the sale of the Marion county lands, it being 
 understood betwen us that I was to be consulted in advance of any sale being 
 made. This understanding was being violated, insomuch as Clyde D. Lloyd 
 attempted to negotiate a sale without my knowledge and consent, and which 
 action, upon his part, convinced me that all was not right, more particularly 
 after my asking him for an explanation, which he refused to give. I then 
 planned to get the drop on Lloyd, and in pursuance of this purpose, I took him 
 to Salem, where I secured his appointment as a notary public. My next move 
 was to inform Lloyd of a certain scheme whereby it would be posible for both 
 of us to make a little easy money, and which, I informed him, could be 
 accomplished by filling in a bogus deed to a claim in 24- L and which deed 
 he could certify to and acknowledge as notary public, after which, we could 
 dispose of the claim to one Edwin Hobson, of Eugene, Oregon. 
 
 "My plan looked good to Clyde Lloyd, and he readily assented to go in 
 with me on the deal, so I made out the papers in the presence of Lloyd, using 
 the name of Robert Simpson, after which Lloyd acknowledged the signature and 
 affixed his notarial seal to the document. We then called on Marie Ware, who 
 was not supposed to know anything about the transaction, so far as Clyde Lloyd 
 was informed, and the latter, in handing over the papers, advised Miss Ware 
 that he had just acknowledged the signature of Mr. Simpson to the deed. 
 
 Page 76 
 
at the same time collecting $575 in full payment of the contract price named 
 therein. Lloyd also instructed Miss Ware that she might retain $50 for her 
 trouble, and that she was to hand the balance, $525, over to McKinley when he 
 called, and who, in turn, was to deliver the money to Mr. Simpson, for whom 
 he was acting as agent. 
 
 "This deal," continued McKinley, '"was comsummated within a few days 
 from the time it was first planned, and when the money was received by Marie 
 and handed over, I divided up with Lloyd as per original agreement." 
 
 McKinley then went on to explain, as he appeared at this time to be 
 anxious to reveal the whole truth, that his sole and only purpose in turning this 
 first deal with Lloyd was to place the young man in a compromising position, 
 as he believed that by having him acknowledge the signature of a fictitious 
 person and attach his seal to a bogus deed, he might eventually force him to 
 make settlement of the commissions due on the Marion county deal, under 
 threat of exposure. 
 
 As to the three claims sold to Lloyd for $1500 and which, as hereinbefore 
 stated, belonged to me, McKinley admitted, at the time of making this sale, that 
 he was really hard pressed for money, and that, insomuch as Lloya was indebted 
 to him, he thought it would only be fair to secure the money through this source. 
 
 It will probably seem incredible that Lloyd, after entering into a conspiracy 
 with McKinley to defraud Hobson out of $575 but a short time before, should 
 allow McKinley to turn around and treat him in like kind ; nevertheless, that is 
 exactly what happened, and as McKinley said afterward in relating the 
 circumstance to me, Lloyd looked like ready money, and as he was in urgent 
 need of finances at that time, he decided to bump him to the tune of a thousand 
 and a half, and had no difficulty in carrying his plans into execution. 
 
 I entered a vigorous protest against this sort of business, but McKinley — 
 who was exceedingly easy going — declared that there was no danger of getting 
 into trouble, as he calculated from the first to repay Hobson and secure a 
 reconveyance from him. In the meantime, McKinley said, he was not afraid 
 of* Hobson causing any trouble, as he, too, had been mixed up in some fraudulent 
 transactions in Lane County, McKinley claiming, to his certain knowledge, that 
 Hobson had contracted with a number of people whom he had located on 
 timber claims, agreeing to furnish them the money with which to make proofs, 
 with the understanding that they were to deed the claims over to him as soon as 
 final proofs were made. 
 
 As for the other three claims, those taken up under the names of William 
 H. Watkins, Samuel L. Carson and James E. Warwick, and which he had sold 
 to Clyde Lloyd, McKinley contended that I had no reason to complain, as Mrs. 
 Watson had recorded these deeds fully a month before Lloyd had recorded his, and 
 if the latter should discover that he had been bilked and should attempt to kick 
 up a disturbance, he would take occasion to quiet him with the club he had so 
 ingeniously prepared to hold over his head. He assured me further, even in the 
 case of Lloyd, that he had no intention of beating him out of the money, and as 
 soon as he could secure a settlement of the Marion county deal, the amount collect- 
 ed would be repaid him and a reconveyance of these claims would also be secured. 
 
 After listening to all McKinley had to say by way of explanation of his 
 actions in the matter of disposing of my lands, I insisted that, insomuch as 
 Mays was the owner of the Simpson claim, I wanted him to make settlement 
 with Hobson forthwith, and to procure a deed from the latter to Mays. McKinley, 
 although hard pressed for money, agreed to do as requested, provided that I 
 would pay Hobson the $575 and charge the amount to his account, as against 
 what might be coming to him in the "11-7" deal, which had not yet been closed 
 up. This I consented to do. 
 
 Going to Mays' office, I explained the situation to him, as related by 
 McKinley to me, at the same time advising him of my plan to get the tangle 
 straightened out. I informed him, of course, that there was little danger of 
 
 Page 77 
 
Hobson attempting to do anything for the time being, as McKinley had the drop 
 on him, and as for the matter righting itself eventually, I told Mays that 
 McKinley had several hundred dollars coming to him on the "11-7" deal and that, 
 when it came time for settlement, I would hold- out sufficient to square the 
 matter up. In the meantime, I suggested that Mays write Hobson to that efifect. 
 I told Mays that I would write Hobson personally, which I did, mforming him 
 that I had talked with McKinley with reference to the Simpson claim which 
 he had purchased, and I guaranteed to refund him the amount paid to McKinley 
 as soon as I could arrange some business settlements with the latter. 
 
 Shortly afterwards the "11-7" deal was brought to a close, and I held out 
 the $575 from McKinley 's share of the profits, and inclosed this amount to Mays 
 in the form of a draft, which was afterwards transmitted to Hobson. 
 
 I concluded that this ended the entire proceedings, and that the "24-1" 
 deal was a closed incident, but it developed that, as in the case of the "11-7" 
 deal, the end was yet far distant, as the three claims that were sold by McKinley 
 to Lloyd proved to be the straw that broke the camel's back, it being through 
 their transfer that the Federal authorities first became cognizant of the fact 
 that a fraud had been committed, as future developments will disclose. 
 
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 Page 78 
 
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Chapter VI 
 
 Details of a zvcll-laid plot to raid the public domain in the Deschutes Country, 
 ivherein io8 "Dummies' seek to acquire 17,280 acres of fine timber land 
 for speculative purposes — A combination of adverse circumstances operates 
 to Puter's disadvantage, notwithstanding the collossal ideas of "Old Pard" 
 Mays on the subject of evading consequences— ^A. B. Hammond, a wealthy 
 Pacific Coast lumberman, figures as a bold financier, but is prevented from 
 doing business on account of the general cussedness of inanimate things — 
 Inspector Greene, of the Interior Department, strikes a smoking trail, and 
 a case of mistaken identity leads to an amusing situation. 
 
 I 
 
 DURING the Summer of 1902, Township 22 South, Ranges 15 and 16 East, 
 Willamette Meridian, became subject to public entry, the official surveys 
 thereof having been approved about that time. They are situated in the 
 central portion of Oregon, about thirty miles south of Prineville, and twenty 
 miles east of the Deschutes river, in Crook county, and having received informa- 
 tion through Henry Meldrum, at that time a United States Deputy Surveyor, who 
 had subdivided the townships, that they were covered with a heavy growth of 
 timber, I lost no tirpe in taking a trip out there, and discovered that there were 
 more than 20,000 acres of vacant Government land covered with valuable yellow 
 pine, lying practically in one body. The best timber extended through the center 
 of the two townships, the eastern portion of range 16 being comparatively barren 
 prairie land, upon which was a dense growth of sagebrush. 
 
 "Old Pard" Mays figured out a scheme to get hold of these lands without 
 running much risk of bumping into serious trouble with the Federal authorities. 
 He always impressed me with his wizard-like ways in that respect, and I never 
 failed to consult him whenever I had a hard game on hand. In that regard he 
 reminded me of the quack doctor who always gave his patients medicine to throw 
 them into fits. When asked why he did this, the reply was always given, "be- 
 cause I am 'vip' on fits !" Mays may not have possessed any great amount of legal 
 ability, but he was certainly skilled in the art of running close-hauled to the law. 
 
 After explaining his plan, Mays assured me that if I followed his prescrip- 
 tions carefully, that there would be no ill-efifects from my shady operations in 
 connection with the lands in question. His plan contemplated a charge of $150 
 against each entryman as a location fee, taking a mortgage on the claim as secur- 
 ity, and any time after final proof had been made, to get some outsider to pur- 
 chase, subject to the mortgage; but under no circumstances to have anything to 
 do with suggesting a purchaser, or offering to buy the claims myself, and for 
 me to caution the entrymen at the time I filed them on the lands that the only 
 interest I had therein was involved in my location fee ; also, that anyone desirous 
 of paying for his claim with his own money, was at liberty to do so, by allowing 
 me my location fee of $150, and that anyone who did not have the money to 
 prove up on, could borrow a sufficient amount from me for that purpose by giv- 
 ing me a mortgage on their holdings for a year or so. I was also to warn them 
 that in the event of iny hearing that any of them had offered to sell their claims 
 before proving up, that I would decline to loan them any money. 
 
 This scheme looked all right to me, so I agreed to divide the location fees 
 with Mays, he stipulating to advance out of his share whatever money was re- 
 quired in securing the patents. I was to pay him his half, amounting to $75 per 
 claim, as fast as he secured the patents. Any money that I might make as com- 
 mission on the sale of the lands, he was to have no interest in. 
 
 Page 80 
 
He then gave me a letter of introduction to A. W. Bell, the United States 
 Commissioner at Prineville, the county seat of Crook County, my intention being 
 to have all the filings and final proofs made before that official, the Lakeview 
 Land Office, in which district the desired tracts were situated, being more than 
 150 miles away. Upon my arrival at Prineville I called upon Commissioner Bell, 
 and in response to my suggestion that he place me in touch with some person who 
 was familiar with the financial status of everybody in the county, he introduced 
 me to a searcher of records named J. L. McCullough, with whom I entered into a 
 contract based on my allowing him $10 each for all the locators he secured for 
 me. It was the understanding that these persons were to file on a timber claim 
 and make final proof thereon, and that all so procured should be free from any 
 judgment or lien, as such an incumbrance would cast a cloud upon any title 
 that might be obtained subsequently. 
 
 I likewise had a clear-cut agreement with each locator, whereby I was to 
 charge them $150 as my filing fee, with the understanding that I would find 
 somebody willing to loan $600 on each claim at the time of making final proof, 
 the locators agreeing to execute a mortgage on their claims for that amount as 
 security for the loan. This mortgage was to run one year at 10 per cent inter- 
 est annually, and it was provided further that my location fee was to be deducted 
 from this loan. As an evidence of good faith on my part, I also agreed to advance 
 the $10 advertising fee on each claim, which was likewise to be refunded at the 
 time final proof was made. 
 
 I was particular in impressing AlcCullough with the idea that under no 
 circumstances whatever were the locators to offer their claims for sale before 
 making final proof, and that neither the person advancing the $600 nor myself 
 had any intention of purchasing the lands after the locators had acquired final 
 title. In general terms, I sought to create the impression that good faith was to 
 be observed all around in the transactions involving the acquisition of title to 
 these lands, a personal inspection thereof by the claimants before filing being one 
 of the conditions precedent to this idea. 
 
 After giving these instructions to McCullough, I drove out to the tract of 
 timber, pitched my tent, and awaited developments. He was so well acquainted 
 throughout Crook County that enough locators to file on each vacant quarter de- 
 sired were soon secured, and within three days he arrived at my camp accom- 
 panied by a bunch of forty-five people, which represented only a comparatively 
 small percentage of the total. These I gathered around me close enough for all 
 to hear distinctly what I had to say, and repeated the instructions I had given 
 McCullough, so as to avoid any chance of a hereafter. All present seemed to 
 grasp the situation, and to be well satisfied with the conditions. 
 
 All hands were then requested to hitch up their teams and accompany 
 me into the woods for the purpose of making a personal inspection of their 
 prospective claims. This' proved very easy of accomplishment, as the land was 
 perfectly level, with no brush, fallen timber or rank undergrowth of any kind 
 to contend with, and besides the whole tract had been surveyed the y^ar previously. 
 The lines were still freshly blazed, and corners set with four witness trees plainly 
 marked, so that the lines were readily traceable. 
 
 The concourse of vehicles resembled a Sunday turnout in Golden Gate 
 Park, San Francisco, only of course the equipages were not quite so swell. 
 Some had light buckboards, others good-appea'ring buggies, while express wagons 
 and heavy farm traps of all sorts were in evidence, making an imposing spectacle 
 as we sauntered leisurely through the beautiful timber, with its picturesque 
 surroundings. 
 
 The soil, which was of a pumice stone formation, with a solid foundation, 
 and covered with a heavy growth of wild grass about four inches high, was very 
 prolific. The timber embraced one of the finest bodies of yellow pine anywhere, 
 the trees being very uniform in size, averaging about three feet in diameter, and 
 running from 50 to 75 feet to the first limb, indicating the quantity of clear 
 
 Page 81 
 
Character of Yellow Pine Timber in Tp. 20 S., R. 15 and 16 E., Crook County, Oregon 
 
 sought to be acquired by fraudulent process 
 
lumber each tree would produce. All appeared perfectly sound, and I do not 
 believe there was a windfall on the entire tract. It was certainly a sight that 
 appealed as much to the sentiments as to the commercial side of the situation. 
 
 I experienced no difificulty whatsoever in making the locations. Arriving 
 at the section corners, I would arrange four persons so that each could see the 
 particular quarter section intended for him, at the same time giving each locator 
 a slip of paper upon which was written the description of his proposed claim. 
 Leaving them there, with directions to circle around over a space of about half 
 a mile in order to be able to testify that they had been on each legal subdivision, 
 as required by law, and could therefore be in a position to act as witnesses for 
 each other when the final proof was made, I would proceed to another section, 
 and so on, until the whole tract was thus taken. As fast as one group of 
 locators had finished their inspection, they would take the back track, pursuant 
 to my directions, and appear before United States Commissioner Bell at Prine- 
 ville for the purpose of attesting their timber entries. In this manner the entire 
 tract of 108 quarter sections was covered inside of a week after we left Prine- 
 ville. 
 
 On my return I encountered several wagonloads of locators en route to 
 my camp, intent on getting a claim, but they met with disappointment, as every- 
 thing was gone. The 108 people whom I filed on these lands were all from 
 Crook county, mostly residents of Prineville. Some of the families included 
 from two to fifteen members, all eager to get hold of a tract of timber land. 
 
 Upon my return to Prineville I went to Commissioner Bell's ofifice and 
 was informed that he had recorded 108 filings, so I thereupon made arrange- 
 ments to advertise the final proofs. The law requires that these notices shall 
 be printed nine successive weeks in a newspaper nearest the land. The Deschutes 
 Echo filling the bill in that respect, I requested the Commissioner to have the 
 final proof notices sent to Editor Palmer, of that paper, and also paid him 
 $1,080 with which to meet the necessary advertising charges. 
 
 The history of the establishment of the paper in question is both unique 
 and interesting, as showing the mushroom growth of things in this Western 
 country. Taking advantage of the requirements of the General Land Office 
 that timber notices must be published in a newspaper nearest the land affected, 
 Editor Palmer secured a second-hand printing outfit and established himself 
 at Bend, Ore., in the very heart of the forest. His plant consisted of an anti- 
 quated Washington hand-press that had seen better days, and a few dilapidated 
 fonts of type, besides the other paraphernalia incident to a cheap outfit of this 
 sort. I doubt whether the whole plant cost him more than $50. 
 
 Felling a yellow pine tree, he leveled off the stump, and after spiking his 
 press to this improvised foundation, was ready for business, and proceeded to 
 grind out timber land notices at $10 apiece. The journalistic venture was a 
 success from the start, the $1,080 that I paid him being a mere bagatelle in 
 comparison to the aggregate earnings of the sheet. Within six weeks from 
 the date of the first issue, to my certain knowledge the paper printed no less 
 than 1,500 land notices, and nobody but a wooden nutmeg Connecticut Yankee 
 would ever have devised such a money-making scheme. 
 
 The timber land business was booming in the Deschutes country around 
 Bend, and now they have a city there of several thousand inhabitants. Following 
 the march of progress, the Echo moved from its primeval quarters into more 
 sumptuous surroundings, and soon had a Splendid establishment of its own, being 
 considered one of the leading newspapers of central Oregon, but I understand 
 that it has since suspended publication. 
 
 People came rushing into the Bend country by scores in search of timber 
 claims. From 100 to 150 came on one train quite frequently. Some of them 
 hailed from Minnesota, some from Wisconsin or Michigan, while the Dakotas 
 and other Middle Western states were well represented in the new immigration. 
 They would get off at Biggs Station and take the Columbia Southern Railway 
 
 Page 83 
 
to Shaniko. a distance of 80 miles, thence by stage or private conveyance to 
 Prineville, 80 miles further on. and from there to the Bend, an additional 30 
 miles. Every vehicle or animal procurable was consequently pressed into service 
 to supply the abnormal demands, and the hotels in Prineville and Shaniko were 
 overflowing with guests. All summer long, in fact, the dusty roads between 
 Shaniko and the Bend were lined with travelers, and it was soon evident that 
 a large proportion of them were under contract to convey whatever timber 
 rights they might acquire to syndicates of Eastern lumbermen. All their expenses 
 had been borne by the various combinations of this character, and as several 
 svndicates were in the field simultaneously seeking to secure control of these 
 lands, the rivalry between them became so intense at times that timber claimants, 
 or "dummies," as they were more popularly known, commanded a premium, and 
 the rush continued without interruption far into the winter. 
 
 After making arrangements with the Deschutees Echo relative to adver- 
 tising the notices of final proof, on the 108 entries, I took a trip East for the 
 avowed purpose of securing financial backing in the matter of paying for the 
 lands. I consulted several lumbermen on the subject, and finally closed a deal 
 with William H. Bradley, a multi-millionaire lumberman of Tomahawk, Wis- 
 consin, whereby I guaranteed to procure deeds in his favor to the entire tract 
 embraced in the 108 claims within one year after final proof was made. In 
 return he agreed to advance $600 a claim in order to enable the entryman to 
 prove up, and to take a year-mortgage on the land as security. It was provided 
 also that the entire body of timber should average at least 10,000 feet per acre 
 of merchantable lumber, and that Bradley should have the privilege of sending 
 his own cruiser into the woods to make the estimates. In addition, if the land 
 was found satisfactory, he was to allow me a bonus of $6 per acre, payable upon 
 presentation of deeds after final proof. 
 
 Although I had never intimated to the locators in any way, shape or 
 manner that it was my ultimate purpose to purchase these lands after they had 
 been proved up on, yet I intended doing so all along, as I was well aware that 
 on account of their financial condition my $600 equity in each claim would make 
 me master of the situation, and that by advancing them from $200 to $300 
 additional, they would only be too glad to execute a deed in favor of whomsoever 
 I might designate. By pursuing this course we not only expected to secure 
 absolute title to the land, but also evade any possibility of Governmental prose- 
 cution on conspiracy charges. 
 
 After closing the deal with Bradley, he sent out Ben Sweet, of the Log & 
 Lumber Company, of Milwaukee, Wis., for the purpose of making an estimate 
 of the timber on the tract, and it was while Mr. Sweet and myself were on this 
 trip that I had the pleasure of first becoming acquainted with Colonel Alfred R. 
 Greene, Special Inspector of the Department of the Interior, who figured after- 
 ward, more or less, in the prosecution of the cases against myself and associates 
 in the famous township "11-7" transaction. 
 
 One morning while Sweet was out in the woods cruising the timber, I 
 concluded to take my rifle and endeavor to kill an antelope, of which there were 
 an abundance in those days. As I was wandering along the road I came across 
 a man and his driver eating their luncheons at the edge of the timber I had 
 located. It required no second glance to convince me that I was face to face 
 with the distinguished Government agent, because a few days previously my 
 friend Fred A. Kribs had told me in Portland to be on the lookout for him, as 
 he was out here investigating alleged fraudulent timber entries. Kribs had 
 described Greene so accurately that I felt right away as if we were old acquaint- 
 ances, although he did not appear to recognize me. 
 
 "When you come across a tall, gaunt individual, with billygoat whiskers," 
 Kribs had said in describing Colonel Greene to me, "with iron-gray hair and a 
 castor oil smile, who looks like a cross between a Kentucky colonel and a 
 wandering minstrel, just clear the track and hold on to something, because you 
 
 Page 84 
 
A. B. Hammond, the Wealthy Pacific Coast lumberman 
 who was nearly involved in the land frauds 
 
are standing in the awful presence of Colonel A. R. Greene, the renowned 
 Government sleuth." They were bound for Silver Lake, and after my salutation 
 we engaged in general conversation. 
 
 "Did you see any stray sheep as you came along the road?" I inquired, 
 assuming the aspect of a typical "Rube." 
 
 "No," answered Colonel Greene, majestically, "and besides I am not 
 seeking to corral that kind of animals. It is two-legged beasts of prey of the 
 land-grabbing variety that I am after, sir, and if you know of any bell-wethers 
 of that class "around here, just trot them out, because they are my game." 
 
 At this he swelled up with as much importance as a bullfrog, until I 
 almost thought there would have to be an explosion in order to relieve the 
 pompous congestion. I realized at once that he mistook me for a sheepherder, 
 and proceeded to encourage him in the belief. He proved to be a voluble con- 
 versationalist, and in almost less time than it takes to describe it here. Colonel 
 Greene had imparted the whole secret of his mission, laying particular stress 
 upon the fact that immense frauds were being committed against the Govern- 
 ment by numerous large irrigation companies in the Deschutes region, and wound 
 up his tirade against everything land-grabical by asking me point blank if I 
 knew a person by the name of S. A. D. Puter. 
 
 "Puter — Puter — " I repeated, quizzically, "Appears to me that name 
 sounds familiar. Who does he herd sheep for?" 
 
 "Herd sheep be d d !" fairly snorted the Colonel. "He herds 'dum- 
 mies' up here in the woods, and shears these forests of their pristine grandeur. 
 Why, sir," he continued, growing radiant in expression under the inspiration 
 of his eloquence, "a pine tree out here alone isn't any safer in that man's hands 
 than a virtuous maiden in the harem of a Sultan !" 
 
 Pointing in the direction of the timber. Colonel Greene added: "That 
 man Puter has located over 100 people out there under the timber and stone act, 
 charging them $150 each as a location fee. I am satisfied it is a part of the game 
 for him to get hold of the titles for some company, but thus far he has eluded 
 every effort of mine to ferret out his scheme. At Prineville I interviewed a 
 lot of people whom he located on these lands, but he has pulled the wool over 
 all their eyes, making them believe that they are taking up land for their own 
 use and benefit, as the law prescribes, although charging them this location 
 fee of $150, besides agreeing to loan them $600 to pay for their land." 
 
 Whatever his other failings, I saw that Colonel Greene had the dope on 
 me all right, so, after getting all the information I could from him on the subject, 
 I took my departure, and circled around back to camp. Sweet finished his 
 estimates a few days later, his computations indicating that the tract would 
 average over 12,000 feet of clear lumber to the acre, so all I had to do was to 
 abide the period of final proof. 
 
 Subsequent events, however, proved how uncertain the common affairs 
 of life are. Just before the time for making final proof on the 108 entries had 
 expired, Mr. Bradley died suddenly, leaving me up in the air so far as a financial 
 backer was concerned, and as I did not have sufficient time in which to secure 
 someone else to take his place along those lines, m}^ only course was to have 
 the entrymen readvertise their claims, involving considerable extra expense. 
 However, I succeeded in compromising with the Deschutes Echo on the costs 
 to the extent of securing an agreement that the paper would republish the notices 
 at half price, so I personally assumed the additional expense of $540, and the 
 entrymen were satisfied to let matters stand upon that basis. 
 
 After completing these arrangements, I once more proceeded Eastward 
 in search of a new financial backer, and found him in the person of N. H. Withee. 
 a retired capitalist of La Crosse, Wis., and already the ow^ner of about 30,000 
 acres of fine timber land in Lane county, Oregon. He organized a company 
 of local lumbermen, all of whom w^ere willing to go in with me under similar 
 conditions existing between Mr. Bradley and myself. 
 
 Page 86 
 
Colonel A. R. Greene, Ex-Special Inspector, Interior Department 
 who lifted the lid from the Oregon land frauds 
 
Upon my return Mr. Withee accompanied me to Oregon for the purpose 
 of making a personal inspection of my offerings, and it was on this occasion that 
 I received an instructive object lesson concerning certain features of the timber 
 business. While we were cruising the timber, he noticed some white moss 
 hanging from the limbs of many of the trees, and declared that it was an indica- 
 tion of dry rot. Procuring an ax. we proceeded to investigate, and wherever 
 we cut into a tree of this character we found it badly decayed on the inside, 
 rendering it commercially valueless. Although there was but a small per- 
 centage of the timber in this condition, it was sufficient in Mr. Withee's eyes to 
 cause him to reject the whole body, so I was obliged to seek for another 
 "angel." 
 
 He appeared in the person of A. B. Hammond, a wealthy lumber dealer 
 and railroad operator of San Francisco, who owns vast tracts of timber lands 
 in Clatsop, Tillamook, Linn and Lane counties, Oregon, besides a controlling 
 interest in the Astoria & Columbia River Railroad, and the O. P. R. R., running 
 from Yaquina Bay via Albany to Detroit, Oregon. He also has immense red- 
 wood timber holdings in Humboldt county, California, in addition to logging 
 railways and sawmills too numerous to mention. In short, Mr. Hammond is 
 considered one of the heaviest individual timber land operators on the Pacific 
 Coast. 
 
 After discussing the situation with him in all its details, he agreed to 
 go in with me on the deal and advance the money for making final proof on 
 my 108 entries, and take a mortgage on the claims, providing, however, that I 
 would agree to give him one-half the location fee of $150, and guarantee a 
 perfect title to the land at a price not to exceed $6 per acre. We entered into 
 an agreement to that effect, and Mr. Hammond sent Peter S. Brumby, his chief 
 cruiser, with me, for the purpose of making a preliminary examination of the 
 tract in order to see how the timber compared with Ben Sweet's estimates. 
 Brumby reported favorably, and it began to look as if the hoodoo had vanished. 
 
 I thereupon called upon F. P. Mays and informed him of the changed 
 conditions, and how the time was so short in which to operate that I was com- 
 pelled to give up one-half the location fee to Mr. Hammond as an inducement 
 for him to go into the deal. In view of the situation. Mays consented to make 
 a new agreement with me upon the basis of accepting $25 per claim for getting 
 the patents, this amount to be paid Senator Mitchell for his services. 
 
 In conformity with my arrangement with Mr. Hammond, Wm. G. Goss- 
 lin, his private secretary, caused to be printed two special sets of blank mortgages. 
 The first was for the entrymen to execute in favor of A. B. Hammond for $450, 
 the amount he was to advance in making final proof and payment, and was 
 to run one year at the rate of ten per cent, interest per annum. The second 
 mortgage called for $160 in favor of S. A. D. Puter, and covered the location 
 fee of $150 and $10 for advertising the notices of final proof. As a matter of 
 fact, there was a covert purpose behind all these red tape proceedings. It was 
 obvious that the more densely we surrounded the various transactions with 
 cloaks of this character, the deeper would be the impression of legitimacv, not 
 only with the entrymen, but the Government itself was likely to be thrown off" 
 its guard in the face of such evidence of compliance with legal requirements. 
 
 Hammond's manager, Geo. B. McLeod, and myself then proceeded to 
 Prineville, he bringing the blank mortgages, together with the money necessary 
 for making the final payment. Upon his inquiry as to what arrangements I had 
 made in reference to securing Mr. Hammond in his one-half interest in the $150 
 location fees, I informed McLeod that I was willing to leave that feature of it 
 to himself, to fix up in any manner he deemed advisable. I also told him about 
 my arrangement to allow Mays $25 each, to be paid Senator Mitchell for expedit- 
 ing the patents to the different claims, and to this McLeod objected, declaring 
 that Hammond would not stand one-half of the amount when United States Sen- 
 ator Charles W. Fulton was getting patents through on other lands belonging to 
 
 Page 88 
 
Hammond for a great deal less money, $10 each being- his regular price, and 
 where there were so many to be handled, as in this instance, he thought a joblot 
 rate could be secured from Fulton. Upon this showing I acquiesced in the 
 arrangement to have Senator Fulton attend to all future business of this 
 nature, and whatever his charges might be, that I would gladly stand my share. 
 
 At this stage of the proceedings the entrymen refused to sign the two 
 mortgages, and I was up against it once more. They based their objections 
 upon the allegation that I had departed from my original agreement with 
 them, and also because there were rumors that the Government intended to 
 attack all the entries. In the event this proved to be case, they insisted that I 
 enter into another agreement with them to defray all their expenses to the Lake- 
 view land office, and to bear whatever costs were incurred by the proceedings. 
 
 This I declined to do, stating that I did not believe there would be any 
 trouble, but that if there should be, that I would help out all I could, even to 
 the extent of engaging an attorney to represent them at any hearing before the 
 local land ofifice. They also refused to sign an order requesting the Register 
 and Receiver of the Lakeview land office to return the purchase price of $400 
 to the Bank of Prineville, subject to Mr. McLeod's order. The law requires that 
 the public lands shall be paid for personally by the entrymen, and our intention 
 was to have the Bank of Prineville issue drafts in the name of each locator 
 for $400 at the time of making final proof, as the United States Commissioners 
 are supposed to send the cash payments to the land office at the same time the 
 final proof papers are transmitted. In case of the rejection of any of the entries, 
 the money and title papers would be returned to the Commissioner, who was 
 expected to turn the drafts over to the entrymen, as it was for the purpose 
 of protecting Mr. Hammond that the idea was adopted of having the locators 
 sign an order on the Commissioner for the full amount of their payments in 
 favor of Mr. McLeod, as ITammond's representative. 
 
 The obstinacy of the entrymen had the effect of causing McLeod to 
 abandon the idea of further efforts in the direction of acquiring title under the 
 timber and stone act, and he suggested that we return to Portland forthwith and 
 purchase forest reserve scrip with which to select the lands under the act of 
 June 4, 1897. It was also apparent to McLeod that the entrymen, actuated by 
 the belief that I was already out to the extent of about $2,000, were attempting 
 to hold me up in the belief that I would accede to their demands rather than 
 sacrifice that amount. I concurred with McLeod, both as to his deductions and 
 remedy, and as only ten days remained in which to make payment and complete 
 the final proofs before the lands would revert back to the Government and again 
 become subject to entry, we proceeded to Portland with as little delay as 
 possible. 
 
 About 20,000 acres of scrip were required to cover the selections embraced 
 in the 108 entries alluded to, and we found that it was a most difficult matter 
 to secure such a large quantity, as nearly all holders wanted the scrip for their 
 personal uses. McLeod having failed to make good in this connection, and as 
 there was no time to lose, I proceeded to seek another customer. I soon found 
 him in the person of William R. Thorson, of the Manestee Lumber Company, 
 of Manestee, Mich., who was at that time stopping at the Hotel Portland. He 
 had 100,000 acres of available forest reserv.e scrip, and it required little effort 
 on my part to convince him as to the feasibility of the scheme of securing the 
 lands. He agreed to scrip the entire tract and pay me 50 cents an acre for all the 
 lands that would estimate 10,000 feet of merchantable lumber per acre. 
 
 In conformity with this view of the situation, Mr. Thorson's attorney 
 and myself started post haste for the Lakeview land office, via California and 
 Reno, Nev., that being the most expeditious route on account of a lack of railway 
 facilities in other directions. We were not a moment too soon, either, for within 
 two days after we had filed our scrip on the land, 60 applications under the 
 timber and stone act were received at the land office in one bunch from Prine- 
 
 Page 89 
 
ville, and they all had to be returned, as. we had corralled everything in sight. 
 As soon as I got back to Portland, Mr. Thorson paid me my commission of 
 50 cents an acre on the 20,000 acres, and later the lands were patented to the 
 Manestee Lumber Co. 
 
 It all goes to show that Uncle Sam was a big loser by the operation, as 
 under the timber and stone act the Government would have received $2.50 an 
 acre for the land, or practically $50,000, while under the act of June 4, 1897, it 
 got nothing except an equivalent area in the San Francisco Mountain Forest 
 Reserve, of slight intrinsic value. 
 
 Had the original plan terminated in success, my profits on this one deal 
 would have probably exceeded $25,000. Mays also would have come in for a 
 goodly share of the proceeds by reason of his services in expediting the patents, 
 as it will be remembered he was to receive one-half the $150 location fee, or a 
 total of $8,100 for the 108 claims. No doubt he would have retained the lion's 
 share of this amount, as that was second nature with him, although he doubtless 
 would have been obliged to let go of some of it as a lubricant for the machinery 
 at Washington for grinding out the land patents. 
 
 Although I netted about $7,500 by the transaction, I stood to lose at least 
 $2,000 on account of the death of Mr. Bradley, my first financial backer. Had 
 I not met with so much bad fortune, there is hardly any doubt that Mays' 
 scheme, as originally planned, would have been carried out to the letter, and 
 title to the entire tract, under the Timber and Stone act, would have been pro- 
 cured, and, so far as the Government was concerned, it would have been an utter 
 impossibility to have secured convictions for conspiracy or any other criminal 
 charge. My object in mentioning this is merely to show what an easy matter it 
 would have been to defraud the Government out of this tract of timber, and 
 at the same time avoid any possible chance of prosecution, either against those 
 who made the filings, the purchasers of the lands from the original entrymen, or 
 myself. 
 
 Special agent making a field investigation 
 
 Page 90 
 
Chapter VII 
 
 Petty controversies betzveen McKinlcy and young Lloyd over money matters 
 furnishes the basis for the first land fraud indictments in Oregon — 
 Colonel Greene has his suspicions aroused by reason of the "24-1" 
 transaction, and lifts the lid from the ugly mess — Incidentally, Special 
 Agent Linnen, of the General Land Office, distinguishes himself in the 
 terpsichorean art while in search of evidence against the conspirators — 
 Francis J. Heney, Special Assistant to the United States Attorney-General, 
 makes his initial appearance at the land fraud trials, and his presence 
 causes a general scurrying to shelter by the two female defendants, as 
 zvell as considerable anxiety on the part of F. P. Mays. 
 
 IT WILL be remembered that in a former chapter reference was made to a 
 certain transaction between George Lloyd, through his son, Clyde D. Lloyd, 
 and Horace G. McKinley, over which a dispute arose, and it might be stated 
 here that this controversy was the basis of all subsequent indictments, together 
 with the trials incident thereto. 
 
 Clyde D. Lloyd, after employing persuasive measures with McKinley for 
 fully a year, to the end that the $1,500 he had paid Horace for the three 
 fraudulent claims in Township 24 South Range 1 East, should be returned to 
 him, finally became impatient and proceeded to press McKinley for the money. 
 Thereupon the latter deposited the amount in a bank at Eugene in escrow, and 
 immediately informed Lloyd of the fact, stating that it would be turned over 
 to him upon receipt of a contract exhibiting McKinley's interest in what is 
 commonly known as Puter's Marion county tract. 
 
 About this time McKinley learned that Lloyd contemplated disposing of 
 these lands without consulting him, notwithstanding the fact that according to 
 the original agreement they were to participate share and share alike in the 
 profits. This agreement, it will be understood, was of a verbal character, and 
 as. McKinley had no writing whereby he might be able to establish his interests, 
 and it appearing to him that further delay could only result in jeopardizing 
 matters still further, he brought suit against Lloyd for an amount sufficient to 
 cover his share of the expected profits. Judge Thomas O'Day, of Portland, 
 appeared for McKinley in this case, as he did also throughout the entire land 
 fraud trials that followed. 
 
 When Clyde Lloyd ascertained that an action had been commenced against 
 him, he called upon me for advice, and my recommendation was that he consult 
 with McKinley at once and compromise the case, having in mind that if the 
 litigation was pressed it might lead to exposure of the fraudulent transactions 
 concerning the manner in which public lands were being acquired, and prove 
 disastrous to all involved. However, Lloyd was obstinate and declined to enter- 
 tain the proposition of compromise, insisting upon employing counsel. Thinking 
 to protect myself, and knowing that F. Pierce Mays was an interested party as 
 well as my attorney, I lost no time in advising Lloyd to call upon him. Later I 
 was pleased to learn that the bait had been properly swallowed. 
 
 Shortly afterward George Lloyd appeared upon the scene, and after a 
 conference with his son, he, too, called upon me for advice. Following previous 
 lines, I counseled a compromise as the best solution of the problem, but being 
 in the dark relative to the unenviable position his son was in, by reason of having 
 taken the acknowledgment, as a notary public, of Robert Simpson, a fictitious 
 
 Faga 91 
 
person, Lloyd senior refused to accede to my sugg'cstions, stating that AIcKinley 
 had dehberately transferred three fraudulent claims to his son, obtaining $1,500 
 thereon, and that, from all appearances, ]\IcKinley was holding this over his son 
 as a lash to force him to sign the contract. 
 
 Observing that Lloyd, senior, was determined to proceed in the matter 
 I once more resorted to my favorite tactics of sending him to Mays. The in- 
 terview between them did not prove as satisfactory as I had anticipated, however, 
 it appearing to Lloyd senior that the attorney was too "busy" to look after his 
 interests, as he kept putting him off from time to time, and evidently dodging 
 the issue. The action of Mays in the premises was thoroughly understood by 
 me. it being the policy to postpone matters long enough to give Mays an oppor- 
 tunity to "pour oil on the troubled waters." 
 
 Dissatisfaction with Mays' tactics impelled George Lloyd to visit Eugene, 
 Oregon, where he called upon Miss Marie L. Ware, the United States Com- 
 missioner before whom the final proofs were made upon the six fraudulent claims. 
 Not being able to gain any satisfactory information from her, Mr. Lloyd pro- 
 ceeded to the Roseburg Land Office, where he met Col. A. R. Greene, at that 
 time Special Inspector, Department of the Interior, but since transferred to the 
 superintendency of an Indian Reservation in Oklahoma. Lloyd made Colonel 
 Greene his "Father Confessor" in the matter of the alleged frauds, and acting 
 upon this information, the Special Inspector hastened to Eugene, where he 
 indulged in a heart-to-heart talk with Marie Ware upon the subject. 
 
 In all probability he gained enough information from her to warrant 
 the opinion that all was not exactly as it should be, as he immediately detailed 
 Special Agent E. P. Linnen, of the Roseburg Land Office, to make further in- 
 vestigation. The Special Agent obeyed instructions by repairing to Eugene 
 and calling upon Miss Ware, from whom he received such oral admissions that 
 he felt justified in having her incorporate them in an affidavit. 
 
 On the day following the arrival of Linnen, the keeper of one of the loi^^l 
 bawdy houses called at the United States Commissioner's office and informed 
 Miss Ware that on the preceding evening a gentleman who had passed the night 
 in her resort had become greatly intoxicated, and had frequently dropped a 
 bundle of papers on the floor of her establishment while "tripping the light fan- 
 tastic" with some of the inmates. 
 
 "Upon discovering the nature of the papers," continued the woman, "I 
 concluded to bring them to you, as I noticed your signature upon them, and 
 thought perhaps they might have been stolen from your office." 
 
 Miss W^are gave assurance that the documents had not been stolen, but 
 properly belonged to the individual who had lost them, and she requested her 
 informant to tell the gentleman, the next time he called, that the papers were in 
 her possession, and that he could have them upon application at her office. 
 
 Upon recovering from the effects of his debauch, Linnen again called upon 
 Miss Ware and asked for the restoration of the documents, stating that he had 
 mislaid them, and had learned that they had been returned to her custody. This 
 request was readily complied with. 
 
 The Special Agent then reported his findings to Inspector Greene, who in 
 turn submitted them to John H. Hall, at that time United States Attorney for 
 Oregon, who presented the whole matter in detail to the consideration of United 
 States District Judge Charles B. Bellinger (now deceased.) 
 
 After an examination of the affidavits in question, and in view of the 
 situation as presented to him. Judge Bellinger summoned Miss Ware to Portland. 
 As a result of the conference between the two, it was decided that she should be 
 removed from office. 
 
 McKinley and I were in Chicago during this period, and upon receiving 
 telegraphic advices from Miss Ware that trouble was brewing, we lost no time in 
 returning to Portland, where I immediately held an interview with F. Pierce 
 Mays concerning the conditions. Mays appeared very much perturbed over the 
 
 Page 92 
 
The late Charles B. Bellinger, United States District Judge for Oregon 
 
 who presided at the 11-7 trial 
 
situation, and suggested that I advise Marie Ware to resign her office forthwith, 
 explaining- that any effort upon her part to attempt to hold her position in the face 
 of all the charges that had been preferred against her, would only have a tendency 
 to make matters worse, and that in any event her dismissal was inevitable. 
 
 I pleaded with Mays that something might be done to ameliorate con- 
 ditions, but he was inexorable, insisting that he was on the "inside," and that he 
 had been advised by his brother, Edwin P. Mays, who was then United States 
 Attorney Hall's assistant, that Judge Bellinger's mind had been fully made up, 
 and that, if we had any hope of saving ourselves, we must, of necessity, sacrifice 
 Miss Ware, and if the worse came to the worse, get her out of the country 
 altogether. 
 
 Shortly after this interview occurred. Mays informed me that he had 
 conversed with his brother further upon the subject, and had been apprised that 
 Hall was about to subpoena Miss Ware to appear before the Federal Grand 
 Jury, then in session, urging that Miss Ware be smuggled away with as quick 
 dispatch as possible. 
 
 Acting upon this suggestion, and being well aware that F. Pierce Mays 
 had a strong "pull" in the United States Attorney's office, not only through his 
 brother, but with Hall, himself, and that on account of his complicity with me in 
 land fraud matters — as well as with others — he was being governed by personal 
 considerations mutually beneficial, I proceeded to carry out his ideas without de- 
 lay. In answer to my telephonic request. Miss Ware came to Portland on the 
 morning after the conference between Mays and myself took place, prepared to 
 leave the city until after the adjournment of the Grand Jury. 
 
 She was met at the East Side depot by Horace G. McKinley and myself, 
 and spirited to the residence of Alice White, 175 Ford Street, Portland, where 
 she remained in seclusion for several days. Upon completion of arrangements 
 for their departure. Miss Ware and Alice White were given railway transporta- 
 tion and funds sufficient to cover their expenses, and sent to Vancouver, B. C., 
 beyond the jurisdiction of Uncle Sam. 
 
 Not long afterward we received a letter from Miss Ware, complaining 
 of homesickness, and requesting that she might return to Portland and go to 
 California. We agreed to this, and within a few days both Miss Ware and 
 Miss White were en route to Los Angeles, California. Upon their arrival they 
 went to the Hotel Van Nuys, one of the swell establishments of the southern 
 metropolis, where they remained about a week, when Miss Ware learned that 
 an information had been filed against herself and Horace G. McKinley, upon 
 charges of conspiracy to defraud the Government of its public lands. 
 
 Acting upon my advice, she notified Judge Bellinger by wire of a willing- 
 ness to return to Portland immediately, and soon after her arrival, both herself 
 and McKinley appeared in Court, and through their attorneys. Judge Thomas 
 O'Day and F. Pierce Mays, demanded an immediate examination. This was 
 accorded them, the proceedings taking place before United States Commissioner 
 J. A. Sladen. Clyde D. Lloyd, Special Inspector A. R. Greene, and R. W. 
 Veach testified as witnesses upon behalf of the Government, and the examination 
 resulted in both defendants being held to appear before the United States Grand 
 Jury, bail in each case being fixed at $2000, which was given. 
 
 Three or four months later — in October, 1903 — I was in Portland, and 
 called upon F. Pierce Mays at his office. My purpose in coming to Portland at 
 that time was to consult with him relative to the advisability of his making suitable 
 arrangements to quash any possible indictments against myself. After review- 
 ing the situation. Mays informed me that sufficient evidence had been produced 
 at the preliminary examination of Marie Ware and Horace G. McKinley to 
 warrant the Grand Jury in finding indictments against them, and furthermore 
 that he had since learned that United States Attorney Hall had secured enough 
 additional evidence to justify the indictment of Mrs. Emma L. Watson and 
 myself, and that it was the intention to do so. 
 
 Page 94 
 
After parleying with Mays for several hours in an elTort to convince him 
 that I would not stand to be indicted, and that the proceedings must be stopped, 
 he assured me that I was taking the wrong course ; that the best way would be to 
 court such a proceeding, explaining, as he did. that it was bound to come sooner 
 or later, and that, because of his influence with Mr. Hall, matters would termin- 
 ate to my entire satisfaction at the proper time. 
 
 Mays argued that Hall's term of office had already expired, and that some- 
 one else might be appointed as his successor at any moment, and if, perchance, 
 the new incumbent should develop into a political or professional enemy, the 
 status of affairs might assume a very serious aspect. On the other hand, if 
 indictments were brought against myself and colleagues at this time, while 
 District Attorney Hall was yet in office, it was reasonable to believe that the latter 
 would be retained by the Government to prosecute the suits, and with Hall in 
 office, Mays could have the cases postponed from term to term and eventually 
 wear the Government out, or arrange to have them dismissed altogether. 
 
 While admitting the force of Mr. Mays' argument, as well as his ability 
 to influence the actions of United States Attorney Hall, at the same time I could 
 not bring myself to view the situation in the same light as he did, nor could I 
 acquiesce in his method of procedure as applicable to my case. However, I ex- 
 plained to him that it would be necessary for me to go on to Chicago, where I 
 contemplated closing a big land deal, and requested, before leaving Portland 
 about three weeks later, that he keep me posted regarding any action that might 
 be taken by Hall during my absence. 
 
 I had been in Chicago but a short time when I received word from Mays 
 to the effect that indictments had been found against Mrs. Emma L. Watson, 
 Miss Marie L. Ware, Dan W. Tarpley, Horace G. McKinley and myself, and ad- 
 vising that I return to Portland forthwith, as my failure to do so would result in 
 the dispatch of a United States deputy marshal after me. Upon receipt of this in- 
 telligence, I wrote Mays, urging him to see Hall with a view of arranging for me 
 to remain East a few weeks longer, at the same time explaining that I expected to 
 consummate a deal of considerable importance, and must have additional time 
 in which to adjust its details. 
 
 Mays as a reply notified me that he had talked with Hall about my case, 
 and that everything had been "fixed," but suggested that, in order to show my 
 good faith, and to square Hall, it would be well for me to wire the United 
 States Attorney's office at Portland, and outline my position to him. This I did, 
 and subsequent events indicated that Mays had not misled me relative to Hall 
 being "fixed," and that my attorney knew what he was talking about. Immediate- 
 ly after closing my deal I returned to Portland, and in the meanwhile I was 
 not molested. 
 
 Upon arrival in Portland, I called to see Mays, and was informed that I 
 had been indicted in the Tp 24 S., R. 1 E. case, and that I had no cause to worry, 
 as everything would come out all right. I then made a visit to Hall's office, and, 
 acting under the advice of Mays, treated the incident in the nature of a friendly 
 call, and was received accordingly by the Government prosecutor. Nothing was 
 said about giving bonds by Hall, and I did not deem it expedient to broach the 
 subject myself. Before leaving Portland a few weeks later, however, I again 
 called upon Hall, and furnished bail for my appearance when wanted in the sum 
 of $4000. 
 
 It might be stated here that Marie L. Ware, Dan W. Tarpley and Horace 
 G. McKinley had already given security before my arrival from Chicago, and 
 that with the exception of Mrs. Emma L. Watson, I was the only one delinquent 
 in that respect. 
 
 Just before leaving for California, I called upon Mays again and inquired 
 if it would be advisable to have Mrs. Watson appear and furnish the required 
 bonds, to which he replied that if it were possible, it would be better to keep her 
 under cover, for the time being, at least. 
 
 Page 95 
 
Ill his capacity as my attorney, Mays filed a demurrer to the indictment, 
 and a hearing thereon was held during the first week in November, 1903. The 
 demurrer was overruled by Judge Bellinger, who set the case for trial De- 
 cember 14 of that year. 
 
 About this time Mays informed me that he had learned Hall was to have 
 an assistant in the person of Francis J. Heney, of San Francisco, who had been 
 appointed special prosecutor by the Government. Mays asked me if I knew 
 Heney, and upon my replying in the negative, he suggested that it might be well 
 for me to look up his record when I returned to San Francisco, and secure all 
 possible information concerning his standing and ability from a legal point of view. 
 
 The question of Mrs. Watson's whereabouts also seemed to perplex Mr. 
 Mays considerably, and he asked if I knew where she was. I told him she was 
 at her home in San Francisco, and that I would probably see her within a few days. 
 Mays thereupon suggested that I adopt some means of getting her out of the 
 country, as she was the main spoke in the Government's case, being the one to 
 whom the six fictitious claims had been deeded by the supposed original entry- 
 men. Mays contended that if Mrs. Watson was kept under cover, it would be an 
 impossibility for the Government to establish any case against the defendants. 
 
 As the time of trial was drawing near, I asked Mays if he could have the 
 cases postponed, as it was very probable the secret service agents of the Govern- 
 ment were on the trail of Airs. Watson, and might, at that very moment, have her 
 under surveillance in San Francisco, rendering it next to an impossibility for 
 me to confer with her without detection, and also making it difficult for me to 
 get her out of the city. Mays agreed with me that additional time would be 
 necessary to accomplish the desired end, and promised to see United States Attor- 
 ney Hall and arrange with him for a continuance of the trials. 
 
 Coal lands of Wyoming, grabbed 
 under the timber law 
 
 Page 96 
 
Chapter VIII 
 
 Wherein Mrs. Emma L. Watson is spirited azvay under the advice of Attorney 
 F. P. Mays, and an interesting account is given of the frantic efforts 
 made by the Government to discover her hiding-place — Sleuth Gallagher 
 shows up to good advantage in the start, but is finally obliged to Let 'er 
 Go — Puter relates the ingenious methods resorted to by himself and 
 McKinley in throzving the secret service man off the scent, and altogether, 
 enough queer mix-ups occur to make the affair a "Comedy of Errors." 
 
 BEING satisfied that Mays would attend to the postponement of our trials, 
 I left Portland immediately for San Francisco, where I called upon Mrs. 
 Watson, and without entering into details, endeavored to obtain her consent 
 to leave the city at once, and to remain under cover until such time as I might 
 advise that everything was all right. She, however, declined to be made a 
 catspaw by any such process, contending that she had done nothing wrong, and 
 that the Government had no grounds upon which to base its indictment against 
 her. 
 
 Up to this time Mrs. Watson had no knowledge whatever of the fraudu- 
 lent character of the six claims in 24-1 which had come into her possession, and, 
 believing, as she did, that her title was clear and the transaction perfectly 
 legitimate, she could not understand why an indictment should have been returned 
 against her. Under the circumstances, I was forced to explain the whole matter 
 to her ; how the six supposed original entrymen were purely fictitious persons, 
 and that, as the dififerent tracts had been acquired through fraud, it only remained 
 for the Government to produce evidence to that effect in order to secure convic- 
 tions. T reminded her of our former conversation relative to Mays and myself 
 having entered into an agreement whereby we were to share equally in the 
 profits of the six claims; how I was to put up the money necessary in getting 
 deeds, amounting to $150 per claim, or a total of $900 for the six. Mays agreeing 
 to meet the expenses incident to pulling out the patents, after which we were 
 to have a final settlement. I also reminded Mrs. Watson of my proposition to 
 her — that she advance the sum of $150 per claim, or $900 altogether, explaining 
 to her that, my finances would not justify further expenditure, and I did not 
 wish to borrow the money, which proposition she had accepted upon condition 
 that all six claims should be deeded to her until such time as Mays and myself 
 saw fit to dispose of them, when she was to receive a one- fourth interest in 
 the net profits. 
 
 "Now," said I, "you accepted those six deeds from me and paid over 
 the money in the firm belief that everything was straight and regular, and 
 in so doing assented to a proposition that had been arranged between Mays 
 and myself, and which we had planned for you to accept as a measure of protec- 
 tion to us both. With your assistance, the Government would have a clear case 
 against us, but without being able to use -you as a witness, I am advised by 
 Mays that the Government will have no case." 
 
 I explained further to Mrs. Watson that in the event of our being con- 
 victed, we would lose the money already invested, as the claims would be 
 forfeited and title thereto revert back to the Government. 
 
 She upbraided me in severe terms for the duplicity I had practiced, and 
 demanded to know by what authority I had invested her money in such a reckless 
 fashion, and why I had imposed upon her confidence. 
 
 Page 97 
 
"The very thought of losing my money is bad enough," said she, "and 
 now to ask me to leave the country for the sole purpose of protecting your 
 attorney and yourself is more than I care to endure." 
 
 I could readily perceive the equities of her contentions, but the position 
 she assumed made it extremely embarrassing all around. She was home with 
 her mother for the Christmas holidays, and anticipated a season of peace and 
 happiness instead of this rude disturbance of her plans. But with me the 
 situation had assumed serious proportions, and something must be done to over- 
 come her scruples in the matter. It was not a pleasant task by any means, but 
 I finally succeeded in gaining her consent to leave the city, although she refused 
 positively to do so until after the Christmas holidays, and no amount of coercion 
 could induce her to do otherwise. I could not shake her determination in this 
 matter, and being convinced that she had already been imposed upon beyond 
 measure, I could not. under the circumstances, ask for any further concessions 
 from her. 
 
 Having thus agreed to take her departure, it then became merely a ques- 
 tion of locality, it being considered important that she should get far enough 
 away from her present surroundings to throw all possible pursuers off the 
 scent. With that idea in view, it was settled that she should visit points in 
 Southern California, keeping me in constant touch with her movements. 
 
 After seeing jNIrs. Watson safely oft' to San Diego, her destination — about 
 December 27th or 28th, 1903 — I returned to Portland, where I learned, through 
 Mays, that the cases had been continued. I thereupon went East, during January, 
 1904, and while in Chicago received a letter from my old partner, McKinley, 
 requesting me to come to La Crosse, Wis., and advising me that a Secret Service 
 man was there, going under the name of Graham, but whose real name, 
 JMcKinley had learned, was Albert L. Gallagher ; that the Government agent was 
 in La Crosse for the purpose of locating Mrs. Watson, which information, 
 ]\IcKinley assured me, he had obtained through an employe of the local post- 
 office. He had also ascertained that there was a letter in the postoffice addressed 
 to Airs. Emma Porter, which he surmised had been written by some detective 
 for the purpose of trapping Mrs. Watson. 
 
 That the reader may properly understand the methods employed by the 
 Government agent in thus addressing the letter in question, I will direct atten- 
 tion to the fact of Mrs. Watson having previously located a homestead claim 
 in Township 11-7 under the name of Emma Porter. The Secret Service Depart- 
 ment therefore naturally presumed that Mrs. Watson, while traveling, would 
 assume this cognomen for convenience sake. They were well aware that La 
 Crosse was McKinley's old home, and that he was visiting his relatives at this 
 particular time. They knew also that we were closely identified in fraudulent 
 land transactions, and in constant communication with each other, and that, 
 by making it possible for him to learn about the letter, it would only be a 
 question of time when I became possessed of the same information, and would 
 endeavor to impart it to Mrs. Watson in some way. 
 
 Upon receipt of McKinley's letter. I wired him that I would proceed to 
 La Crosse at once, and suited this action by reaching there early the next morning, 
 registering at the Cameron House. A few moments later I was joined by 
 AlcKinley, and as may be imagined, the subject of Secret Service Agent Gallagher 
 occupied the limelight of our conversation. 
 
 After giving me a comprehensive description of the man. whom Horace 
 declared was likewise stopping at the Cameron, he regaled me with a descrip- 
 tion of the Padlock Holmes methods employed by the Government sleuth in 
 keeping tab on his movements. 
 
 "It's a fright," said Horace. "I can't lose the fellow for a moment. 
 He sticks to me like a poor relation, and this is the longest period I have been 
 out of his sight for three days. I'm willing to gamble that he will show up 
 inside of five minutes !" 
 
 Page 98 
 
Ex-United States Senator Fred W. 
 
 Mulkey, of Portland, chosen by the electors of Oregon to fill 
 the unexpired term caused by the death of Senator Mitchell 
 
Sure enough, McKinley was right, for he had no sooner given utterance 
 to these expressions than the Government sleuth put in an appearance. He held 
 a newspaper in his hand, and under pretext of reading it, took a seat almost 
 alongside of us, assuming an owl-like attitude. 
 
 His work impressed me more for its "rawness" than anything else, but 
 we both pretended not to see him. The conversation that ensued between Mac 
 and myself for his especial benefit forms one of the most amusing episodes 
 in my experience with Secret Service operatives. Gallagher was evidently con- 
 gratulating himself on his eminent success. He had trailed the two arch 
 conspirators to their lair, and had caught them in the act of conversing on a 
 subject in which he, also, was deeply interested, so it was plain to a blind man that 
 visions of the early capture of Mrs. Watson flitted past his distorted imagination. 
 
 "She will come through on the Canadian Pacific, and will probably stop 
 ofif at Winnipeg for a day, arriving here tomorrow or next day," I remarked, in 
 earnest tones. "But there is a possibility of her coming by way of Milwaukee," 
 I continued musedly. "In any event, I have engaged quarters for her with 
 Jerry's wife, who will take good care of her while here." 
 
 "Do you consider it safe?" inquired McKinley. 
 
 "Perfectly so," I replied. "They will never suspect her whereabouts, 
 because she is not known here." 
 
 Had Gallagher been sitting in McKinley's lap he could not have brought 
 his ears in closer range to his voice without running the risk of serious conse- 
 quences. The "rubbering" position he assumed was killing. 
 
 "Well," replied Horace, half-dejectedly, "you know how shrewd these 
 Government detectives are — they seem to be endowed with the instincts of a 
 bloodhound in trailing criminals, and scarcely ever fail in getting their man." 
 
 It was ludicrous to see Gallagher swell up at this juncture, and it was 
 all McKinley and I could do to keep our faces straight, notwithstanding the 
 seriousness of the situation. 
 
 "Never you mind," I answered with an air of confidence ; "Emma will 
 be safe with Jerry's wife,, and besides, she will be made comfortable, and prob- 
 ably become satisfied to remain here until after the trials." 
 
 "All right," said McKinley. "We will let it go at that, and in the 
 meantime I shall keep a sharp lookout for Secret Service men, in case any of 
 them should happen to stop off here." 
 
 After telling McKinley (also for Gallagher's benefit) that I intended to 
 go on to Milwaukee and would return some time during the week, we concluded 
 to take a walk. We were satisfied with the result of our conversation, and felt 
 that we ought to give the Government sleuth the benefit of some outdoor exer- 
 cise. Besides, I had a curiousity to observe his style. 
 
 Our tramp covered a period of about two hours, and was greatly enjoyed 
 by McKinley and myself in more ways than one. 
 
 The best part of it was in watching the antics of Gallagher in shadowing 
 us. He flitted around like a will-o'-the-wisp, his watery blue eyes taking on a 
 tigerish expression at times, while his brindle locks resembled the disheveled 
 coat of a coyote under the intensity of its owner's eagerness of manner. 
 
 The question naturally arises : How did McKinley become possessed of 
 the knowledge that there was a letter in the postoffice addressed to Mrs. Emma 
 Porter? Also, how had he learned of Gallagher's presence and become aware 
 of his correct name? 
 
 As to the letter, Gallagher, being a Government officer, had arranged 
 with the postmaster of La Crosse to let McKinley know, in an assumedly acci- 
 dental way, that such a letter had been in his office for quite awhile, and 
 incidentally to ask Horace if he knew any such person. McKinley, of course, 
 could have but one reply : he was not acquainted ; but, to all intents and purposes, 
 the seeds of curiosity were planted in McKinley's breast, so that all the Govern- 
 ment officials had to do was to wait patiently for the harvest. 
 
 Page 100 
 
This same postmaster had unwittingly imparted to a- ^tliird"p6rfeO*i-»fn'41 
 information pertaining- to Gallagher's presence, and that he was in La Crosse for 
 the purpose of watching McKinley, with a view of ultimately ascertaining the 
 whereabouts of Mrs. Watson, and getting her within the grasp of the law. 
 
 The one with whom the postmaster had thus discussed the confidential 
 relations of the Government, happened to be a close friend of McKinley's, and 
 in consequence the latter was on the ground floor concerning the secret move- 
 ments to effect the capture of one of our crowd. 
 
 The next subject for consideration was the matter of getting hold of the 
 letter addressed to "Emma Porter." I was fully aware that Mrs. Watson, alias 
 Porter, had never entertained any idea of visiting La Crosse, and was satisfied 
 from the first that this was simply a Secret Service trick to trap her in some 
 way. Notwithstanding this fact, however, my curiosity was aroused, and I was 
 determined to secure the letter at whatever cost. 
 
 I could not obtain it from the local postoffice, for obvious reasons, so I 
 conceived another plan, which, although rather roundabout in design, eventually 
 terminated with success. 
 
 Resolving to take the 2:30 p. m. train for Milwaukee, it became necessary 
 for me to give Gallagher the slip, so McKinley and I proceeded to avail our- 
 selves of another "constitutional," and we had scarcely taken a dozen paces 
 before we realized that our faithful watchdog was in close attendance. 
 
 We trudged along leisurely for something like an hour, until a few moments 
 before train time, when, noticing that Gallagher was keeping us under close 
 surveillance about a block away, we stopped in front of a large department store, 
 and began to feast our eyes on the displays in the show-windows. Pointing my 
 finger in the direction of some article as if contemplating a purchase, I told 
 McKinley to keep cases on our man while I made my getaway. 
 
 Entering the front door of the establishment and leaving Horace on the 
 outside, I hurried on through to another street, which placed me within about 
 three squares of the depot, and I reached there just as the train was pulling out. 
 Probably Gallagher would be still standing on the corner had he not observed 
 McKinley pass by him alone some ten minutes later, and realized that I had 
 disappeared. 
 
 Arriving in Milwaukee, I addressed a letter to the La Crosse postmaster, 
 in close imitation of Mrs. Watson's handwriting, instructing him to forward all 
 mail to Milwaukee, in care of the Republican House. This note was signed 
 "Mrs. Emma Porter" by me. 
 
 I then went to Chicago, and after waiting until I felt confident the letter 
 would have time to reach Milwaukee, I wrote a letter to the clerk of the 
 Republican House, similar to the one sent to the postmaster, asking that all mail 
 should be forwarded to Chicago, in care of the Great Northern Hotel. 
 
 Securing a lot of commercial stationery from various prominent houses 
 of Chicago, I addressed several letters to myself, care Great Northern Hotel, 
 city, all of which purported to be of a business character. 
 
 After waiting until such time as I had reason to believe the "Porter" 
 letter had put in an appearance, I sauntered into the office of the Great Northern 
 Hotel and proceeded to make myself at home. I perceived, immediately upon 
 entering, that my old friend Gallagher was there with bells. His eagle eye 
 had focussed me the moment I entered, and 'it was as good as a circus to watch 
 his maneuvers. I walked past him unconcernedly and took a seat near by, 
 pretending to read the newspapers. 
 
 In a little while I arose and going to the ofiice desk, asked the clerk to 
 please hand me the mail in box "P." This request was complied with, as it is 
 customary in all the leading hotels for the entire contents of a box to be 
 delivered to any guest making inquiry for a certain initial of the alphabet. 
 
 Glancing through the letters, I noticed one addressed to Mrs. Emma 
 Porter, and it bore evidence of having been directed at the Great Northern 
 
 Page 101 
 
t • c' ' c a 
 
 United States District Judge William H. Hunt, of Montana, who pre- 
 sided at most of the land fraud cases, and who earned 
 an enviable reputation for fairness 
 
Hotel, as it was unstamped, although sealed, and in one of the hotel envelopes. 
 My back was turned towards Gallagher at the time, and when I came to this 
 letter, I hesitated long enough to make a mental note of the style of handwriting, 
 afterward returning it to the clerk with the others. 
 
 With my personal mail in hand, and hoping to learn something further 
 concerning Gallagher, I resumed my seat near him, and appeared to be deeply 
 engrossed in my correspondence. 
 
 No sooner had I done this than Gallagher arose, and walking up to the 
 clerk, also requested the letters from box "P." He did not perceive that I was 
 watching him all this time, so I was happy in the thought that he was not 
 suspicious of my intimate acquaintance with his identity. 
 
 Like myself, Gallagher hesitated when he came to the envelope addressed 
 to Mrs. Porter, and was no doubt much surprised upon discovering that I had 
 failed to abstract it. 
 
 After securing some writing material from a desk in the reading room 
 similar to the envelope inclosing the Porter letter, I started from the hotel, 
 closely followed by the Secret Service man, and thinking to give him another 
 slip in such a way as not to arouse his suspicions, I wheeled about, walked into 
 the hotel again, and entered one of the elevators that was about to ascend. 
 I realized that Gallagher would follow on the next elevator, and in order to 
 circumvent his intentions, I stepped off at the fifth floor, walked briskly through 
 the hallway and caught a descending freight elevator, by which process I soon 
 reached the street, where I found myself once more free from anybody's 
 attention. 
 
 Going direct to my hotel, I took one of the Great Northern envelopes. 
 which I had just secured, and addressed it to Mrs. Emma Porter, imitating from 
 memory the handwriting which I had observed upon the original. I then placed 
 a piece of blank paper in the envelope, sealed it up, and returned to the Great 
 Northern. 
 
 Glancing cautiously around, I was unable to locate Gallagher anywhere, 
 so concluded that he was either in his room or on a wild-goose chase after me. 
 I then asked the clerk for the mail in box "P," and upon coming across the 
 letter to Mrs. Porter, I took it out, replacing it with the one I had but recently 
 addressed to her. 
 
 Going to the writing room, and in fancied security from observation, I 
 proceeded to inspect its contents, which were as follows : 
 
 Mrs. Emma Porter: 
 
 Dear Madam — Please call in person for important letter, which will be 
 handed to you at the office. 
 
 (Signed) Clerk, 
 
 Great Northern Hotel. 
 
 After perusing its contents, I addressed another envelope, copying the 
 handwriting from the original, and after replacing the note and sealing, returned 
 it to box "P," at the same time removing the envelope I had left there but a 
 few moments before. 
 
 At this point I found myself virtually "up a stump," but I was not 
 discouraged, and had no intention of being outdone, so returning to Milwaukee, 
 I sent a note to the Great Northern Hotel, in substance as follows : 
 
 Clerk, Great Northern Hotel, Chicago, Ills. 
 
 Dear Sir — It was my intention to visit Chicago, and make your house my 
 headquarters, but I am just in receipt of a wire necessitating my immediate 
 return to the Pacific Coast, hence request that you please forward all mail to 
 
 Seattle, Wash., care Hotel. Very respectfully, 
 
 (Signed) Mrs. Emma Porter. 
 
 Page 103 
 
I have refrained from disclosing the name of the Seattle hotel for the 
 reason that there is no desire on my part to compromise those from whom I 
 afterward received a copy of the Porter letter. 
 
 Returning- to Chicago, I wrote to friends in Seattle, i^equesting them to 
 be on the lookout for a letter which would reach a certain hotel addressed to 
 Mrs. Emma Porter, and upon its arrival, to secure it and send it to my Chicago 
 address. In reply I was advised that the letter had come to hand, but could 
 not be obtained. I thereupon wired instructions to get the letter at whatever 
 cost, and was later notified that it had been forwarded in accordance with 
 directions. 
 
 In due time I received a copy of the Porter letter, accompanied with the 
 explanation that the original could not be secured for any length of time without 
 detection, and hoping that the copy would suffice. It did, as it proved to my 
 entire satisfaction that its contents were in the nature of a decoy for the purpose 
 of locating Mrs. Watson, corroborating what McKinley and myself had suspected 
 all along. 
 
 As to my friend Gallagher, alias Graham, the detective, he turned up 
 missing when I arrived in Chicago from Milwaukee the second time, hence the 
 presumption is that he followed the Porter letter on its mission to Seattle. Had 
 it not been for the fact that I met him personally in Chicago at a later date, I 
 should imagine that he was still engaged in keeping a watchful eye on the 
 important missive through the medium of which he expected to make a really 
 sensational capture. 
 
 The Lure of the Sage Brush 
 
 Sam Davis in Sunset Magazine 
 
 Have you ever scented the sage-brush 
 That mantles Nevada's plain? 
 
 If not you have lived but half your life, 
 And that half lived in vain. 
 
 You will ask for a sight of beetling crags, 
 Where the storm king holds his sway, 
 
 Where the sinking sun with its brush of gold 
 Tells the tale of the dying day. 
 
 No matter where the place or clime 
 That your wandering footsteps stray 
 
 You will sigh if you know of her velvet 
 fields 
 And their fragrance of leveled hay. 
 
 You will loiter a while in o<ther lands, 
 When something seems to call, 
 
 And the lure of the sage-brush brings 
 you back. 
 And holds you within its thrall. 
 
 You may tread in the halls of pleasure 
 Where the lamps of folly shine, 
 
 'Mid the sobbing of sensuous music 
 And the flow of forbidden wine. 
 
 But when the revel is over. 
 
 And the dancers turn to go. 
 You will long for a draft of the crystal 
 
 streams 
 That springs from her peaks of snow. 
 
 And when you die you will want a grave. 
 Where the Washoe zephyr blows. 
 
 With the green of the sage-brush above your 
 head. 
 What need to plant the rose? 
 
 Page 104 
 
Chapter IX 
 
 Capture of Mrs. Watson in Chicago by Government sleuths after a hide-and-seek 
 game of long duration — The Windy City nezvspapcrs drazv the long boiv 
 in describing the affair, and print photographs of attractive actresses to 
 represent the fair prisoner, in lieu of her genuine picture, which has never 
 been published heretofore — Puter details his clever efforts to throw the 
 Secret Service off the scent, and almost succeeds in getting Mrs. Watson 
 out of town — Detective Gallagher comes in for a gilt-edged "roast" at 
 the hands of Mrs. Watson, and Special Inspector Greene, of the Interior 
 Department, indulges in a ivild-goose chase to his sorrozv. 
 
 IN February, 1904, I returned to Portland, Ore., and calling upon Mr. Mays, 
 gave him full particulars relative to my experience with Secret Service 
 Agent Gallagher, in connection with the Porter letter. Mays made inquiry 
 concerning Mrs. Watson's whereabouts, and I assured him that she was safely 
 located in Southern California, which information seemed to meet with his 
 approval. 
 
 Pie next asked about Heney ; if I had met him in San Francisco, and as 
 to my opinion of his legal ability. As a reply I told Mays that I had attended 
 the preliminary hearing before United States Commissioner Heacock, at San 
 Francisco, wherein F. A. Hyde, John A. Benson, Joost H. Schneider and Henry 
 P. Dimond were accused of conspiracy to defraud the Government of its pubHc 
 lands, and had passed the better portion of two days in the courtroom ; that I 
 followed Heney closely in his examination of witnesses, and found him to be 
 most thorough in detail, as well as rigid and severe at times ; that his points 
 of law were well taken in almost every instance, being sustained repeatedly by 
 the Court, and that, notwithstanding the fact that several of San Francisco's 
 most eminent attorneys were arrayed against him in behalf of the defendants, 
 Heney seemed to be drawing blood with every stroke of the mallet. I had no 
 hesitancy in telling A'lays that I should be exceedingly well pleased if the 
 Government could find it convenient to substitute someone else in Heney's place. 
 
 Mays shared my opinion relative to the Government prosecutor, having 
 instituted a quiet inquiry concerning him on his own account, and stated that 
 he had been informed that Heney was one of the best lawyers in the country, 
 being especially formidable on Federal law by reason of his familiarity with 
 the statutes while United States Attorney for Arizona during President Cleve- 
 land's administration. Mays mentioned the fact of Heney having been appointed 
 Special Assistant to the United States Attorney-General, through the influence 
 of Attorney-General Knox, and remarked that he must, of necessity, be a man 
 of superior qualifications, else he could not have otherwise been so honored. 
 All in all, Mays was frank in his admission that Heney would be a "hard 
 customer" to go up against, and that under the circumstances it would be 
 advisable for him to remain in the background when our case came to trial, and 
 not undertake to openly represent me as counsel on account of its liability to 
 involve him in trouble. He much preferred to be my "silent attorney," as he 
 expressed it, relying altogether upon his personal influence with United States 
 Attorney John H. Hall to defeat the ends of justice. 
 
 Mays suggested that I engage Judge Martin L. Pipes, of Portland, as 
 my chief counsel, classing him properly as one of the ablest local lawyers. He 
 remarked incidentally that he, also, might be called to account for some of his 
 land transactions, and that in the event of an indictment being returned against 
 
 Page 106 
 
him by the Federal Grand Jury, he would probably secure the services of Judge 
 Pipes as his associate counsel, and would therefore esteem it a favor if I would 
 also get him in the case with a view of familiarizing him with the issues. 
 
 While there is no question that Judge Pipes is one of the best lawyers 
 in Oregon, and a man of sterling integrity besides, it struck me that Mays was 
 saying one word in my behalf and making a whole Fourth of July speech for 
 himself when he was so anxious that I should break Judge Pipes in with refer- 
 ence to the details of the case. 
 
 "If Hall should continue to have full swing," said Mays, "I shall not 
 fear the outcome ; but should this man Heney gain control of the reins, there is 
 no telling where we might all land." 
 
 In discussing the situation further, he told me about having received 
 private information to the effect that in addition to Col. A. R. Greene, Special 
 Inspector, Department of the Interior, the Government had placed a large number 
 of other Secret Service men in the field, who were making a systematic and 
 thorough search for evidence against the accused, more particularly with refer- 
 ence to the 11-7 case. 
 
 This information caused me no end of worry, as there were ten people 
 implicated in the fraudulent claims, and should the Government agents succeed 
 in getting a confession from one or more of them, I felt that the jig was up. 
 Mays, however, anticipated no trouble from this source, even though we should 
 be indicted, contending that three years having elapsed since the transfer by 
 deed to Mrs. Emma L. Watson through the original entrymen, the Government 
 was barred by the statute of limitations in any criminal action. 
 
 I felt greatly relieved upon learning this, as I had the utmost confidence 
 in Mr. Mays' legal opinions at that time. It has since transpired that he was 
 very much mistaken in his assumptions, as we were afterwards indicted and 
 convicted for our part in the 11-7 deal, the Court holding that the statute of 
 limitations did not commence to run until three years after the issuance of patents. 
 
 Feeling thus secure, so far as the possibility of any indictment in the 
 11-7 case was concerned, our conversation drifted to the indictment involving us 
 in the six fraudulent entries in 24-1. I had no hesitancy in assuring Mays that 
 there was no occasion for apprehension there, as the six names constituting the 
 supposed original entrymen were purely fictitious, hence the Government agents 
 would find it uphill work to locate any of the claimants, thereby rendering it 
 impossible for them to secure a confession. 
 
 These agents, no doubt, could find numerous persons who would make 
 affidavit to the fact that they had never seen the alleged entrymen on or near 
 the tracts embraced in their homesteads, but what would all that amount to 
 when it became a question as to their actual existence and our criminal liability, 
 I reasoned. 
 
 Mays was not so confident that my position was absolutely tenable unless 
 Marie Ware, who was United States Commissioner at the time the final proofs 
 were supposed to have been made before her, should stand pat. If, as Mays 
 declared, Miss Ware could be relied upon to play her part, and Mrs. Watson 
 was kept out of the way, he agreed that under those circumstances there was 
 nothing to borrow trouble about. 
 
 Some days later I called upon Mays again and acquainted him with the 
 contents of a letter just received from Mrs. Watson, in which she informed 
 me of her intention to leave Southern California for Chicago very soon, and for 
 me to communicate with her there. He was much perturbed to learn of 
 this unexpected move, and expressed the opinion that she was displaying a 
 degree of recklessness that was extremely dangerous. He insisted that I refrain 
 from writing to her, as that would amount to certain detection, but instead that I 
 should take the first train for the East, and upon my arrival in Chicago, that I 
 insist upon her going to Canada, or one of the Southeastern cities, whichever she 
 preferred. 
 
 Page 106 
 
To return to Chicag-o at this particular time signified that I must sacrifice 
 certain interests demanding my immediate attention on the Coast, some of which 
 were of great importance to me personally; but rather than have it said that be- 
 cause of any seeming negligence on my part the capture of Mrs. Watson had 
 been efifected, I decided to adopt Mr. Mays' suggestion in the matter, and left 
 for Chicago immediately, going by way of San Francisco, where I visited my 
 home in Berkeley for a few days only, arriving in Chicago about March 20, and 
 stopping at the New Southern Hotel. 
 
 At noon of the day following my arrival, I called at the postoffice for 
 my mail, which I had ordered forwarded from Portland, and upon presenting 
 myself at the general delivery window, whom should I see once more but my 
 old friend Gallagher, of the gumshoe fraternity. The Secret Service man eyed 
 me complacently as I repeated the name of S. A. D. Puter when inquiring for 
 my mail, and I felt no surprise, upon leaving the building, to discover that I 
 was not without company, for sure enough, the faithful Government sleuth 
 was close at my heels. 
 
 The thought of meeting Gallagher at this time was not altogether a 
 pleasant one, especially since I had received, among other letters, one from 
 Mrs. Watson advising me through whom I might be able to secure information 
 as to her whereabouts. 
 
 If he was familiar with the contents of this letter — as Government detect- 
 ives, it is assumed, experience little difficulty in gaining knowledge of this 
 character — I felt the necessity of being more cautious than ever regarding my 
 movements. To see Mrs. Watson, and that, too, immediately, was most impera- 
 tive ; but to attempt to locate the person whose name was referred to in her 
 communication would be sheer folly so long as Gallagher was on my trail. 
 However, there was no personal danger involved, as Mrs. Watson, and not myself, 
 was the one wanted, so it only remained for me to give the Secret Service man 
 the slip, a feat that I had accomplished successfully so many times before. 
 
 Walking leisurely about for a time, I decided to try the street -car route, 
 so boarded a south-bound car on Wabash Avenue. My effort, however, on this 
 occasion availed me nothing, as Gallagher succeeded in getting aboard with me 
 and taking a position that gave him a good view of all my actions. 
 
 Taking advantage of a temporary suspension of traffic by reason of some 
 obstruction, I left the car we were on and took the first one north-bound, with 
 the Government sleuth in close pursuit. 
 
 After alighting, I walked into the Palmer House and registered. I then 
 went to my room and after remaining a few minutes, decided to make another 
 effort. Gallagher, who had been watching for me in the hallway, accompanied 
 me in my descent by the elevator. Walking out of the hotel and north on State 
 to Madison Street, I hesitated on the corner to speak to a hack driver, which 
 was a ruse on my part to determine the whereabouts of the detective, whom I 
 discovered to be close at hand. 
 
 I then walked over to Wabash Avenue again very slowly and apparently 
 unconcerned, that I might, if possible, induce him to slacken pace also, and as 
 luck would have it, I discerned a car on the corner which was about to start 
 .south. Seeing my opportunity, I waited until the car was well under way, when 
 I made a tremendous sprint and succeeded in catching it on the next corner 
 just as it was about to start again. 
 
 Glancing back I could see Gallagher coming for all he was worth, with 
 umbrella in one hand and hat in the other, both of which he was waving in frantic 
 fashion and shouting at the top of his voice for the car to stop. 
 
 Realizing that his efforts might prove successful, I hurriedly extracted 
 a dollar bill from my pocket book, and handing it to the conductor, remarked 
 that it was important for me to reach home with all possible dispatch on account 
 of illness in my family. 
 
 Page 107 
 
Sample of 5,000-acre tract in Township I S., Range 6 fV. {Washington and Tillamook Counties, 
 
 Ore.) sold by Puter in 1898 to Edward B. Simpson, of Milwaukee, Wis., for $4 an 
 
 acre; resold in 1905 to Schroeder Lumber Co., of Milwaukee, for $25 an 
 
 acre, and now held at $100 an acre 
 
"Keep the change, old man, but push 'er through," said I encouragingly, 
 and he did. 
 
 The "serious illness" was not of long duration, however, and there was 
 a convalescence as soon as I noticed that Gallagher had given up the chase ; 
 so I alighted immediately, and in this instance it was my turn to do the trailing. 
 as T had noticed that he was retracing his steps in the direction of Madison Street. 
 
 Noting that he turned the corner, I followed him as far as the Palmer 
 House, and knowing that I was safe from pursuit for the time being, I struck 
 out to locate Mrs. Watson's friend, through whom I was to ascertain her where- 
 abouts. Luck favoring me, I was soon in possession of the desired information, 
 and proceeded forthwith to her boarding house on North Dearborn Street, in 
 the vicinity of Jackson Park, where I learned that Mrs. Watson had just stepped 
 into the dining room for luncheon. 
 
 Presenting my name to the landlady, and stating that I was a friend of 
 Mrs. Watson's from California, I was ushered into the parlor and she was 
 notified of my presence. 
 
 My visit on this occasion covered a period of about two hours, in the 
 course of which I related my experience with (jallagher and suggested that she 
 leave Chicago without delay. She was visibly afifected by the proposition, and it 
 was plain to be seen that she was not at all enthusiastic on the subject. 
 
 "Here I am," said she in mournful tones, "fearing almost to venture on 
 the street, say nothing about visiting the city, and this condition has been my 
 lot for fully three months. This thing of eluding detectives at every turn has 
 become unbearable," she went on, and I could see plainly that she was on the 
 verge of giving it up as a lost cause and surrendering without any further cere- 
 mony. From her conversation and manner I perceived that I was up against a 
 hard problem, but it was not for me to quit at this stage of the game, nor could 
 I permit her to entertain such a thought, either. It became incumbent upon me 
 to reason with her, and convince her that quick action was absolutely necessary. 
 Had I attempted to frighten her into going away, it would have been all off, as 
 lack of confidence is destructive to courage, and at this trying juncture she must 
 be possessed of both. 
 
 After parleying for some time in an effort to determine just where Mrs. 
 Watson should go, she finally consented to take her departure, providing her 
 destination should be New York, where she stated that a number of her friends 
 and acquaintances resided. I assented readily to the plan, and expressed the 
 wish that she leave on the evening train, to which she demurred, promising that 
 if I would not insist upon her going at once she would gladly remain indoors, 
 thus avoiding any possible chance of detection. 
 
 Not wishing to appear arbitrary in the matter, I assured Mrs. Watson 
 that I coincided with her views, whereupon I bade her good-bye and took my 
 departure, after arranging to call again soon, and returned to the Palmer 
 House. 
 
 I saw nothing more of my friend Gallagher that afternoon, nor did he 
 put in an appearance on the day following, which convinced me that our race 
 for the street car on Wabash Avenue had settled the question with him. I 
 learned afterwards that h6 had reported to headquarters that I was too swift 
 for him. and had suggested that one more, fleet of foot be detailed on the case 
 if the Government hoped to effect a capture. 
 
 The absence of Gallagher, however, did not eliminate the cautiousness 
 that I had observed from the beginning. In truth, his non-appearance furnished 
 me with just cause for alarm, as I realized that beyond the question of any 
 doubt the vacancy would be filled without delay, and in the absence of anv 
 knowledge of the sleuth who might be shadowing me at that very moment, a 
 greater danger confronted me than any yet experienced. 
 
 On the following morning I decided to call upon Mrs. Watson again, but 
 before making the attempt, I enlisted the services of a friend to follow me for 
 
 Page 109 
 
awhile with a view of finding out, if possible, whether detectives were on the 
 scent or not. All the details as to where I should go and when I should start 
 were arranged in advance. At no time was 1 to appear concerned, nor was I 
 to look behind me, but simply proceed on my way, apparently oblivious to all 
 surroundings — my friend was to do the rest. 
 
 It was discovered from the start that I was being trailed, this time by a 
 younger and more likely man, who proved to be Elmer A. Gorman, a Secret 
 Service operative. There was no more running after me. The tactics adopted 
 by Gallagher were discarded by the new man, who employed more modern 
 methods in the effort to keep me in sight and locate Mrs. Watson's hiding-place. 
 
 Whenever I boarded a street car and my new "shadow" found it impos- 
 sible to reach it without attracting attention, he would quietly take the next — 
 the one ahead being always in sight — and by occupying a front seat, could watch 
 all my movements and be governed accordingly. This process consumed the 
 better part of two hours, when T returned to my hotel, followed shortly afterward 
 by mv friend, who gave me full details concerning the maneuvers of the detective. 
 
 In view of the situation, I concluded that it would be unsafe for me to 
 call upon Mrs. Watson until evening, when I felt confident that I could meet 
 her without great danger of being observed. ' 
 
 Dusk having arrived, I determined to give the detective the slip, and 
 favored the elevator route again. Being familiar with quite a number of the 
 larger buildings in Chicago, several of which possess from two to four elevators, 
 I walked directly to one in mind, ascended to the fifth floor, and taking the 
 elevator furtherest away from the point of entrance, I descended and soon found 
 myself on another street. 
 
 Not being entirely satisfied, and to avoid all possible detection, I boarded 
 a West Side elevated car, and after riding about a mile, doubled back for quite 
 a distance, this time taking a surface car and transferring to one traveling north 
 on Clark street. In this way I soon arrived at Mrs. Watson's apartments, where 
 I found her in a very gloomy state of mind, and much as she felt when I left her 
 the day previously. 
 
 She seemed to feel that she was being dreadfully imposed upon, and 
 while I was in no position to deny her claim, at the same time I dared not admit 
 it. I explained, of course, that her present condition was brought about by a 
 combination of circumstances, through which she was made to suft'er more than 
 was her rightful due, but that this same situation might have easily befallen any 
 of the others against whom indictments had been returned; hence, since the die 
 was cast, it was her duty to stand pat, and to maintain the same position assumed 
 by her associates in the transaction. 
 
 I reminded her that the Government's case would go by the board without 
 her testimony, but that, if she were discovered, the news of her capture would 
 be heralded broadcast throughout the country, and would go down in history 
 as one of the most sensational episodes connected with the trials of the land 
 fraud ring. 
 
 My arguments in favor of her leaving Chicago at once were to all appear- 
 ances having a telling effect. If there was one thing that Mrs. Watson detested 
 more than another, it was notoriety. She would avoid it at any cost, and it 
 required but little further persuasion on my part to secure a promise that she 
 would not ask to remain but a few days longer. Upon leaving for my hotel, she 
 assured me that she would think the matter over, and that I might call for her 
 answer on the following day. 
 
 Returning to the Palmer House, I settled my bill and engaged a room 
 at the Grace Hotel, registering under my correct name. I was hardly settled 
 in my new quarters when I discovered that my identity was known to the 
 detective who had supplanted Gallagher. It mattered not where I went, the 
 Secret Service man was right after me, but I did not mind this so much so long 
 as I could keep Mrs. Watson under cover. 
 
 Page 110 
 
Next morning I went to the express office and secured a telescope basket 
 for which Mrs. Watson had given me an order the night before, and which I 
 was to either send or bring to her when opportunity offered. In the meantime, 
 I placed it in my room for safekeeping. 
 
 I then made some purchases around town, kept a few business engage- 
 ments, and visited an occasional friend, after which I spent the day about the 
 city, with little or nothing to do but kill time. I felt that it would be unwise 
 for me to attempt to deliver the telescope basket that evening, as the Govern- 
 ment sleuth was within ten feet of me when I took it from the express office, 
 and therefore let it remain in my room. 
 
 Before boarding a car for the North Side, I walked about for something 
 over an hour in the effort to locate the detective, but he was nowhere to be seen, 
 so I concluded that for once I was not being watched. Quickly walking over 
 to Clark street, I lost no time in reaching Mrs. Watson's boarding-house, where 
 I remained but a few minutes, securing her promise to take her departure for 
 New York City on the following evening. 
 
 Upon arriving at my hotel, I found the "gumshoe" man in conversation 
 with some other person, whom I afterwards learned was also a detective, and 
 had been delegated to assist in trailing me, and, if possible, to capture Mrs. 
 Watson. 
 
 I was up bright and early the next morning, although for no apparent 
 purpose, except a natural anxiety to get Mrs. Watson safely away on her journey. 
 I was ill at ease, and time lagged heavily on my hands until nightfall, when 
 I hoped to make final arrangements for Mrs. Watson's departure and at the 
 same time deliver the telescope basket to her. 
 
 After dinner that evening, I passed some time in the neighborhood of 
 the hotel office, thinking by that process I would be able to ascertain if I was 
 being trailed, and find out if possible who my pursuers were. I wondered if 
 it could be possible that the sleuths had neglected me for the moment, as I 
 believed they had done on the night before. However, the way seemed clear 
 enough, and as I must get to Mrs. Watson's apartments without further delay 
 and assist in spiriting her out of the city, I decided to make the attempt. 
 
 Going to my room, I secured the fateful telescope basket, and descending 
 a stairway from the second floor that led to the basement, I experienced little 
 or no difficulty in reaching the streeet. When I took a car on State Street for 
 the North Side, I was pleased to observe that no one but myself had boarded 
 it at that particular point, and after scrutinizing the passengers closely, became 
 convinced that there were no Secret Service men around. 
 
 Everything looked so easy for me, in fact, that I really became quite 
 nervous. I could not understand it. I knew that they wanted Mrs. Watson, 
 and that they hoped to locate her through me. Why, then, should I be per- 
 mitted to leave my hotel on two different occasions, one evening after the other, 
 without being followed by one or more of these detectives? The entire pro- 
 ceeding appeared mystical in a way. 
 
 While thus meditating, the conductor called out the name of a certain 
 street, and as the car was stopping in answer to the signal from one of the 
 passengers, it occurred to me that I, too, might alight at the same place, although 
 still several squares from Mrs. Watson's boarding-house. However clear the 
 coast seemed, I could not separate myself from the idea that somehow, and 
 in a manner entirely unexpected, these "wise men" of Uncle Sam had determined 
 upon some carefully devised plan whereby they hoped to thwart my efforts to 
 conceal the whereabouts of the one they were so anxious to capture. 
 
 Stepping off the car, I walked two blocks west to Clark Street and took 
 the first north-bound car. Here, again, if I may judge from surface indications, 
 there was nothing to fear, so I rode to a point exactly one block west of Mrs. 
 Watson's stopping-place. After alighting, I walked east a block, and crossing 
 the street continued ahead until I came to the side entrance of the boarding- 
 
 Page 111 
 
house, and went direct to Mrs. Watson's apartments. Upon delivering the 
 telescope basket. I asked if everything was in readiness for her journey, at the 
 same time handing her a ticket to New York. 
 
 "Yes, and no," replied Mrs. Watson. "I was all ready, but Miss , 
 
 who is going as far as Boston with me, finds it impossible to leave until tomorrow 
 night, and I do not wish to go without her. Besides," she continued, "I have 
 several articles of clothing that should have been delivered before this, but which 
 have not yet arrived, and it cannot hurt for me to remain one day longer." 
 
 It was a woman's way, and there was no help for it. I was sorely 
 vexed and disappointed to learn of this change in my plans, as I expected to 
 go to Milwaukee early the next morning on business of importance, and I dis- 
 liked the thought of going away until Mrs. Watson was safely out of the city. 
 I reasoned with her, on the plea that she should show some consideration for 
 the seriousness of our position, and carry out her agreement with me of the 
 night before; that I had lost considerable time already in perfecting arrange- 
 ments for her departure, and that, in all fairness to me, she should leave Chicago 
 without further delay. 
 
 She was obdurate, however, and could not see that my objections to her 
 remaining over were well taken, as she argued that I, not she, was largely respon- 
 sible for her predicament, and that my demand for her immediate departure 
 was not based upon reason. On the other hand, she thought I should be congrat- 
 ulating myself for the manner in which she was protecting me, instead of 
 upbraiding her in this fashion for what I was pleased to term her seeming negli- 
 gence and lack of interest. 
 
 It was no use to discuss the matter any further, as Mrs. Watson was 
 determined not to leave that night, but she promised faithfully to go on the 
 afternoon or evening train of the next day. 
 
 Returning to my room at the hotel, I busied myself with studying out a 
 plan of action for my own observance on the morrow. I resolved to go to Mil- 
 waukee by the early morning train, but questioned the advisability of remaining 
 there over night while everything was so upset, as I wanted the matter of Mrs. 
 Watson's departure entirely ofif my mind, and considered it best that I should 
 be present when she left. I concluded, therefore, to go to Milwaukee as out- 
 lined, transact what business I could, and return again during the afternoon, 
 and this plan was subsequently executed. 
 
 My thoughts, as I neared Chicago on my return, can better be imagined 
 than described. The trip to Milwaukee, while it consumed only a few hours, 
 had been highly successful, and I felt in buoyant spirits as the train speeded 
 along in the direction of the "Windy City." 
 
 W^e were approaching a station, the brakes had been applied, and even 
 now the train was slowing up. The brakies were busy once more, and as they 
 passed through, announcing in strenuous tones, "Evanston ! — next stop ! Evans- 
 ton ! — next stop !" an occasional passenger would rouse himself and make ready 
 to take his leave. To me, however, this stir and tumult was of little moment. 
 My thoughts were centered upon the one idea of getting Mrs. Watson safely away, 
 and although I felt highly elated over the financial outcome of my trip, the subject 
 of her presence in the city under the circumstances was the skeleton at my feast. 
 
 Soon the suburban town of Evanston was reached, and the great iron 
 monster had hardly ceased its throbbings. when there was a din and confusion 
 outside that rose high above the natural tumult around the depot. It was the 
 "newsies" shouting out the different features of the evening papers, and as one 
 great army they clamored about in noisy demonstration. Every passenger by 
 this time had become inoculated with their enthusiasm, and from window and 
 platform were fast dissipating the youngsters' stock in trade. 
 
 What a chorus of voices ! I thought, but paid little heed to the inharmony 
 of sound until one shrill shout aroused me from my lethargy and seemed to chill 
 every drop of blood in my veins. 
 
 Page 112 
 
Garden patch in the heart of the forest, showing the agricultural possibilities of the 
 
 timber land of Oregon after clearing. This photograph was taken on a 
 
 homestead claim near the Sanitam River, in Linn County 
 
 "All about the sensational capture of Mrs. Watson !" 
 
 "Here's your latest about the woman millionaire in jail!" 
 
 "Full particulars of the capture of the land fraud queen !" 
 
 And so on, until, sick at heart and bewildered in mind, I re-entered the 
 car and took my seat, after vainly endeavoring to purchase a paper. "Sold out!" 
 was the answer that greeted me on every hand, and for once I was left. 
 
 Oh, well, thought I, "sour grapes," and for the moment I did not care 
 to read. Then came the reaction, and appreciating the seriousness of the situation 
 I was determined to learn the truth. 
 
 "That paper, son !" I exclaimed to a young man sitting directly in front 
 of me, and suiting the action to the word, I grabbed it from his hands. 
 
 "But it's mine !" was his alarmed rejoinder, as he tugged at it with jealous 
 instincts. 
 
 "It don't make any difference," was my frantic answer. "I must have 
 it !" and tossing him a coin as a balm to his injured feelings, I continued more 
 soothingly, "there's your money back — just keep the change" — and I had my 
 way. 
 
 Talk about headlines ! Whoever made them up for this paper was cer- 
 tainly a past master in the art. They were the most glaring I ever beheld, and 
 the combination of different colored inks reminded me of the varied hues of a 
 rainbow. And then the body of the article ! Why, it would have done credit 
 to one of "Nick Carter's" most bloodthirsty tales ! 
 
 Mrs. Watson was described as a woman of wonderous beauty and capti- 
 vating manner, who had surrounded herself with a desperate gang of border 
 
 Page 113 
 
rufifians who made her homested claim in Township 11-7 their constant rendez- 
 vous, when not making incursions into the neighboring settlements and tearing 
 Uncle Sam's land up by the roots and running off with it to their mountain 
 fastness. 
 
 According to this pen picture, she had defrauded the Government out of 
 millions of acres, and there were columns of details showing how she had been 
 systematically operating for years. 
 
 To me the description was ludicrous. As a matter of fact, she had acted 
 in perfect good faith in all her transactions, and although mixed up in a way 
 in some of the land frauds, it was on account of being imposed upon by her 
 friends. 
 
 As to the pictures of Mrs. Watson appearing in the Chicago papers, there 
 was no more of a resemblance to her than of some mythical person. The only 
 authentic photograph of Mrs. Watson that has ever been printed appears in 
 these pages, and it shows that she is anything but the gaudy creature portrayed 
 in the columns of the enterprising Chicago newspapers. The description of her 
 wearing apparel was also absurd. Although known by her friends to dress in 
 good taste, she was depicted as wearing exquisite gowns, and fairly dazzling with 
 diamonds, with hat fully thirty inches wide, and an ostrich plume a yard long. 
 The fact, is, what purported to be a picture of Mrs. Watson was none other than 
 that of some swell actress dressed for the occasion. 
 
 It was now close to 5 o'clock and we were nearing Chicago. My first 
 step upon reaching the city had been fully determined upon, and no sooner 
 had the train stopped than I was on my way to an attorney's office. I handed 
 him the evening paper, and after acquainting him with the circumstances attend- 
 ing Mrs. Watson's flight from California, her stay in Chicago and her plans for 
 going on to New York, requested that he see her at once and learn the facts 
 connected with her capture, after which he was to report to me. 
 
 In less than two hours he returned with the statement that Mrs. Watson 
 had been arrested by Secret Service men of the Government about 9 o'clock in 
 the morning; that she had been "sweated" by some of the best detectives in the 
 service and had borne up under their inquisition with great fortitude, absolutely 
 refusing to talk or be interviewed, and that at the present time she was in 
 charge of the matron at the North Side Dearborn street jail. He informed me 
 further that she had expressed an intention to waive all rights to any preliminary 
 hearing; would not fight extradition, and wished to return to Oregon at once. 
 From another source he learned that in conformity with Mrs. Watson's expressed 
 desire, she would be sent back in charge of a deputy United States Marshal, and 
 in all probability would leave the next evening. 
 
 With this information at hand, there was nothing more for me to do 
 that night, as I also learned through my attorney that positive instructions had 
 been given the matron not to permit anyone to see or converse with Mrs. Watson, 
 and that this order was to apply particularly to one S. A. D. Puter. 
 
 The next morning I found that all the papers were teeming with the story 
 about the capture of Mrs. Watson. It was the talk of the city, in fact, and I 
 wondered how a matter of that kind should create so much local interest. The 
 press, no doubt, was largely responsible for conditions in that respect, as the 
 photographs of several of America's noted "beauties," not one of whom repre- 
 sented the real Mrs. Watson, graced the front pages of nearly all the morning 
 dailies, and were supposed to be reproductions of her classic features. 
 
 Few, indeed, who could have been able to resist a desire to gaze on such 
 loveliness of face and figure as portrayed by the newspapers. She became a 
 momentary sensation on that account, and the remarks of the morning papers 
 were like fuel to the flames created by the evening papers of the night before. 
 Her exploits alone, as detailed so graphically by the clever reporters, were suffi- 
 cient to promote the fondest admiration in the hearts of brave men, some of whom 
 would have no doubt been extremely willing to furnish bonds in any amount. 
 
 Page 114 
 
Mrs. Emma L. Watson, whose clever capture by the G«--''«'^.^«^f ^^f SLl^r^v^^Sarrs 
 the occasion for the display of much sensationalism by the Windy City newspapers 
 
I was in a position to hear a great many side-remarks concerning her 
 arrest, and it was comical to listen to the fusilade of comments from all sides. 
 
 "That woman should never have been jugged!" declared a fierce-looking 
 Southerner, as his admiring glances rested u])()n the classic features of Maxine 
 Elliott. 
 
 "I should say not!" echoed a big Westerner, with ecjual indignation, as 
 he fixed his gaze longingly in the direction of a picture of Edna May that 
 appeared in another paper. 
 
 "It's a downright shame !" chorused a third, riveting his affectionate 
 attention upon the beautiful brow of Maud Adams. 
 
 For the boarding-house at which Mrs. Watson stopped, which was de- 
 scribed in the papers as one of the most fashionable in the city, the advertisement 
 alone must have been worth a small fortune, and I have no doubt that prices 
 were advanced accordingly. 
 
 Old Oregon itself came in for a goodly share of praise, for if such as 
 the Watson w'oman could be found in great quantity within her borders, the 
 State Immigration Commissioner's office might just as well be dispensed with, 
 and Western feminine loveliness, instead of the wonderful commercial, mineral 
 and agricultural resources of the country, should be held out as a sufficient allure- 
 ment to attract the masculine attention of all nations. 
 
 Aly next move, after digesting the contents of the new^spapers, was to 
 call upon my attorney once more and request him to make. another visit to Mrs. 
 Watson and assure her that I approved her plan of returning to Portland with- 
 out offering legal resistance ; also that I would leave for Portland myself within 24 
 hours, and would arrange the matter of bail for her immediately upon my arrival. 
 
 Up to this time I had no knowledge whatsoever concerning the method 
 of her capture, and proceeded to interest myself in that direction. This was 
 no easy matter, as I soon discovered, as it was impossible for me to gain any- 
 thing definite from the newspapers bearing upon the subject, and I recognized 
 the. futility of trying to find out anything through the Secret Service branch of 
 the Government. 
 
 Fortunately, I met the friend who had assisted me so ably by shadowing 
 the sleuth who was trailing me on the morning of my second visit to Mrs. 
 Watson's apartments, and to him I related my tale of woe. 
 
 "Wait until noon," said he. "and I believe I shall be able to place you 
 in a position to secure this information, provided you work things just right." 
 
 After outlining his plan, which appealed to me very forcibly, I improved 
 the interim by refreshing my memory relative to various names, places of interest 
 and dates that seemed apropos to the scheme, and at the appointed hour was on 
 hand at a certain cafe, wdiere a few moments later myself and friend were joined 
 by a third person, who had dropped in for his customary noon-day refreshment. 
 The formalities of an introduction over, I suggested that we might all indulge 
 in a round of drinks. 
 
 While they were being served, our conversation gradually turned to the 
 Emma \Vatson case. I held a morning paper in my hand, which I apparentlv 
 unconsciously unfolded, and gazing with some degree of intentness upon the 
 supposed likeness of the subject of our discussion, took occasion to comment 
 upon her wonderful beauty, and express sympathy that one of her apparent 
 refinement and culture should be placed in such an unfortunate position. 
 
 "Yes, she's a corker all right," remarked my new acquaintance, "but." lie 
 continued with a smile, "that doesn't happen to be her picture." 
 
 "Oh, you are acquainted with the lady, then?" I remarked, in an oft'hand 
 manner. 
 
 "Well, yes, somewhat," he replied with a peculiar expression. "And I tell 
 you she is a brick at that." 
 
 "A^ou see." chipped in my 'friend, "this gentleman is in the Secret Service de- 
 partment of the Government, and is generally pretty wise on matters of this kind." 
 
 Page 116 
 
"Oh, ho," I answered, "in that event you probably know all about the 
 case." 
 
 I then shifted the subject of our conversation, and having learned in 
 advance that my new acquaintance had come to Chicago some years before from 
 a certain town that I was very familiar with, I managed to drift that way with- 
 out arousing suspicion. He asked, of course, when I was there last, whom I 
 knew, and all about the old place, and the questions being answered to his entire 
 satisfaction, he insisted that we take luncheon together for old time's sake. My 
 friend found it convenient to have an important engagement at this point, so 
 the Secret Service man and myself were left alone. 
 
 Another drink was in order, another word or two about the old town, 
 and still another smile. We were good friends by this time. He liked my style 
 and said so, with wonderful frequency, and it was not long before we had formed 
 a mutual admiration society. I admitted, in fact, that since my boyhood days 
 I had always entertained the highest regard for detectives — especially great ones 
 like himself — and went on and related how my youthful mind had been fired by 
 reading tales of the daring achievements of "Old Sleuth," "Hawkshaw," "Sher- 
 lock Holmes," Vidocq, and a host of other human ferrets, too numerous to 
 mention. 
 
 Still another drink, and we sat down to luncheon, and while waiting for 
 our order, the newspaper, which I had retained in my hand, was again unfolded. 
 
 "That Watson woman must be a 'hummer," " I remarked, by way of open- 
 ing the conversation. 
 
 "More than that," was his prompt reply. "Do you know," he continued, 
 "she is looked upon as one of the cleverest we have ever nabbed. That man 
 Puter, too, is the best ever. Why, sir, he has fooled some of the best men we 
 have over there," nodding his head in the dirction of Secret Service headquarters. 
 
 "How do you account for it?" I asked. 
 
 "No accountin'," he replied. 
 
 I had been introduced to him vnider the name of Lawrence, and the ice 
 having been broken, the story was soon told : How Puter had spent several days 
 in the city, and had, it was believed, visited the Watson woman every day. Of 
 this, he said, they had no positive knowledge, but they did know to a certainty 
 that he managed to shake the detectives wherever and whenever he saw fit, 
 which fact was beyond comprehension, as Puter had no idea he was being trailed. 
 Nevertheless they would lose him in the shufi:le every time. 
 
 "Our captain put up with it just so long, but finally lost all patience one 
 night when his operative reported back that Puter had disappeared as if swal- 
 lowed up by the earth. He described how he had trailed Puter to a certain point, 
 when all trace of the quarry was lost, so the captain decided to supplant this man 
 with another, and later put two of our boys on Puter's trail. 
 
 "One of them thought Puter was 'wise,' but the other disagreed with him, 
 and in order to settle the matter, instead of going into Puter's hotel, they sta- 
 tioned themselves at a convenient distance where they could observe everyone 
 going in and out, and at the same time be free from observation. 
 
 "They did not have long to wait before their man appeared, and following 
 him at a safe distance, they felt confident of their ability to locate the where- 
 abouts of Mrs. Watson before many hours.. They had reckoned without their 
 host, however, as he vanished like a mirage. 
 
 "About two hours later, while sitting in the hotel office, they noticed 
 Puter come in and go up to his room, and from that moment they never lost 
 sight of him, until the next morning when they were relieved and permitted to 
 rest up for the work of another night. 
 
 "Now, sir, this is where they get in, or rather, when they locate her hiding- 
 place. When Puter came out of the hotel that night, he held a grip in his hand, 
 and emerged from a side entrance leading- from the basement. It was a sure 
 shot that he was 'wise,' for he walked around for some time before he brought 
 
 Page 117 
 
the grip out with him, seeming-ly in an effort to determine whether he was being- 
 watched. It was all apparent that he felt satisfied with the situation, at the same 
 time, wishing to avoid any possible chance of detection, he took the precaution 
 to come out by the basement route. 
 
 "Our boys then watched Puter until he took a north-bound car on State 
 street, when they boarded the next one and fixed it with the motorman to ijiake 
 the best time he could, and if possible catch up with the car ahead. This could 
 not be done on account of the numerous stops, but nevertheless, they were close 
 enough behind to see Puter alight, and were sure of their man on account of the 
 grip he was carrying. They followed him then over to Clark street, and also 
 saw him take another North-bound car. Again they followed, taking the next 
 car and working the motorman as before. The grip was playing an important 
 part now. and was a target for their observation. When within four blocks of 
 the car ahead of them, they noticed that it stopped, and a man got off with grip 
 in hand and walking in an easterly direction. 
 
 "One of the boys also alighted and went east on a street just three blocks 
 south of the one Puter was on, making the first corner in time to see him cross 
 over and continue east, our man doing likewise, but when he reached the next 
 corner, Puter was nowhere in sight. 
 
 "Our other man had continued north on the Clark street car to a point 
 one block north of the street upon which Puter had alighted, he, too, going east. 
 In due time our boys came together ; and it was decided that the one they were 
 after must be within two or three blocks, so they looked up all the likely places, 
 visiting private hotels and boarding-houses, until they finally located their party. 
 
 "Giving an accurate description of Mrs. Watson, one of our boys inquired 
 if any person answering that description was stopping there, and upon receiving 
 an affirmative answer, they took the landlady into their confidence, assuring her 
 that they would create no disturbance, nor would any arrest be made that night, 
 but that they must be given quarters in her house, convenient to those of Mrs. 
 Watson. This was agreed to, and she was not molested that night. 
 
 "Puter left shortly afterward, and one of our boys trailed him to his 
 hotel, later reporting to headquarters all that had occurred, and then returned 
 to Mrs. Watson's stopping-place accompanied by the Captain, who approved all 
 that had been done, and instructed his men to keep a close watch on the Watson 
 woman until they received further instructions. Nothing else was done until 
 the next morning, and Mrs. Watson was permitted to eat her breakfast as 
 usual, little thinking that she was dining in the same room with her prospective 
 captors. 
 
 "At 9 o'clock that morning, Captain Porter called in person at Mrs. Wat- 
 son's apartments, and knocking at the door, was admitted by the lady herself. 
 Ts this Mrs. Watson?' he asked. 'It is.' was the reply; 'what can I do for you?' 
 The Captain informed her that he had a warrant for her arrest, and she simply 
 said, 'AH right, I will go with you,' and putting on her hat, she accompanied him 
 to headquarters. 
 
 "We had lots of fun when Mrs. Watson was brought in," continued the 
 detective. "Everybody, of course, wanted to see the wonder from the West, 
 and it is needless to state that every man in the service who could crowd into 
 headquarters made it convenient to he there. The lads all fell in love with that 
 woman. Her independent spirit won 'em to the last man. but most fun of all 
 was when Detective Gallagher blew in. Somebody had met him on the street and 
 tipped it off that Mrs. Watson had been captured. In order for you to prop- 
 erly understand, I will state that this fellow Gallagher had been after the Watson 
 woman for some time, and also trailing Puter in the hope of finding her, but he 
 got slipped up so often that he quit in disgust. When he heard of her arrest, in 
 he bounded post haste, and going up to Captain Porter, blurted out: 'Got 'er,'ey? 
 Great work. Cap., but keep a weather eye on that gal or she'll turn up missin' 
 afore you can say Jack Robinson. Don't overlook the shackles, either, when she 
 
 Page 118 
 
Capt. J. A. Sladen, Clerk U. S. Circuit Court of 
 
 Oregon, before whom many of the land 
 
 fraud defendants had their 
 
 preliminary hearing 
 
 goes to Oregon, Cap., and send two of the best along, for if Puter and AIcKinley 
 get next, they will have her off that train in a jiffy, even if they have to hold 
 it up.' 
 
 "The Watson woman sat there listening to every word that Gallagher 
 uttered but she never batted an eye until he had finished his spiel. Then she 
 arose, and going straight up to him, she looked him square in the eye before the 
 whole bunch of detectives, and said: T guess, sir, that the United States Marshal 
 is amply capable of taking care of me without your assistance. Do you realize, 
 sir, that it is a woman you are talking about? By what right do you interfere? 
 What have you done to eft'ect my capture? Not a single thing! You it was 
 who trailed Mr. Puter for weeks, but to what avail? You it was who tried to 
 locate me, but with what success? These, sir, (pointing to the two lads that 
 were with the Captain when he brought her in) are the gentlemen who captured 
 me, and to whom all credit is due; and it is for them, not you, to say when I 
 shall be deported, and in what manner.' 
 
 Page 119 
 
"Finishing- her outburst of indignation, in which she made no attempt 
 to conceal her disgust for Gallagher, Mrs. Watson turned around and resumed 
 her seat like a queen, amidst the silent applause of all present. She had won their 
 hearts hands down, and as the clatter of voices could be heard once more, 
 Gallagher could be seen making a quiet sneak, with the air of one who refused 
 to be comforted." 
 
 Luncheon finished, there was nothing further for me to do but to make 
 my leave-taking from my new-found friend as pleasant as possible, which I did 
 with the best grace at my command. 
 
 Returning to the office of my attorney, I learned that all arrangements 
 had been perfected for Mrs. Watson's return to Oregon that night, accompanied 
 by Deputy United States Marshal Milton, a gentleman fully 65 years of age. 
 who was one of the most trusted men in the Government service. I then sent 
 word to her through my attorney that I should also probably leave for Portland 
 the same evening or the following morning, at the very latest. 
 
 Upon my arrival in Portland I ascertained that Mrs. Watson had reached 
 the city the evening before, and was stopping at the Imperial Hotel, having 
 furnished cash bond in the sum of $4,000 as soon as she got there. 
 
 I was somewhat surprised, in calling upon Mrs. Watson at the hotel, to 
 find her in excellent spirits. She had enjoyed the trip immensely, she said, and 
 was greatly pleased with the kind consideration shown her by Deputy Marshal 
 Milton, whom she declared was a gallant escort. 
 
 Some weeks later, while discussing the arrest of Mrs. Watson with an 
 old acquaintance who happened to be in the Government service, I was consid- 
 erably amused to learn of Col. A. R. Greene's wild-goose chase across the conti- 
 nent in response to the first news of her capture. The Special Inspector of 
 the Department of the Interior was of that calibre who fancied that everything 
 would go wrong unless he were consulted upon an important matter of this 
 character. 
 
 Rushing to his room as soon as he got word that Mrs. Watson had been 
 apprehended, he bundled what wearing apparel he could get hold of in his haste, 
 and made a break for the railroad depot. 
 
 "First-class ticket for Chicago !" he thundered. "Never mind the Pullman 
 —I can get that on board. Oh, yes ; my change — I nearly forgot that," and he 
 bolted through the gate like the belated fragment of a Kansas cyclone, with his 
 billygoat whiskers streaming behind as a fluttering farewell. 
 
 The train seemed to creep along with snailish speed to the one whose 
 vivid imagination led him to believe that everything would be at a standstill until 
 he got there. His eagerness knew no bounds, and the Windy City had no sooner 
 been reached than he jumped into a waiting cab and was away like a flash for 
 the United States Marshal's office, where his animated appearance created no 
 end of surprise. 
 
 "Why, hello, Greene, old boy ; how are you ?" came from one. 
 
 "Thought you were out in Oregon?" chimed in another. 
 
 "Well, well, well, if it isn't the old man himself," echoed a third, and being 
 more bold than the others, he ventured to ask : 
 
 "What brings you here. Colonel?" 
 
 "Oh, nothing much," he replied with an air of nonchalance ; "just came 
 to take her back, that's all." 
 
 "Take who back?" came a chorus of voices. 
 
 "Why, the woman we have been hunting for these man}^ moons, of course 
 — Mrs. Watson, the land fraud queen, to be sure !" 
 
 Then they all gave him the horse-laugh, until one, in the pity of his heart, 
 broke the sad news to the famous Government sleuth, and told him how she 
 had been gone long enough to be pretty near home by this time, and that he 
 had had his labor for his pains in coming after her. 
 
 Page 120 
 
My informant assured me that the Colonel's face took on a look of decom- 
 posed woe when he heard this news. He gasped for breath, and complained about 
 the sultriness of Chicago climate, while a sickly, castor oil smile played around 
 his features. 
 
 To think, after he had become reconciled to the fact that his bird had 
 flown, that the Marshal should have had the utmost disregard for the fitness 
 of things by sending her on that long journey accompanied by a man of fully 
 65 summers, and the Lord only knows how many winters ! It was preposterous, 
 and he would look into the matter. 
 
 "He will never land her there !" ejaculated the Colonel vehemently, "Never, 
 sir! never! You ought to have sent at least two, if not three, of your best men 
 back with her. Captain, or else have waited until I got here — -you should have 
 known that I was coming for her," he added sorrowfully, and once more his 
 countenance assumed a mournful expression. 
 
 It made him sore to think that he should have made the trip all the way 
 from Portland only to learn that Mrs. Watson had passed him while en route, 
 and might even now be in the "Rose City," providing she had not been rescued 
 from the law's clutches by a desperate gang of land frauders, headed by the 
 notorious Puter and McKinley. 
 
 Several days after Colonel Greene returned to Portland, the question 
 of his whereabouts became a topic of serious consideration around the United 
 States Marshal's office. He had been traced to Chicago, and the dispatch from 
 that point was very emphatic in the declaration that he had left there on the 
 very evening of his arrival, presumably for the Oregon metropolis. This was 
 a week ago, but no Col. Greene had put in an appearance. Could anything have 
 happened to him? was the question of the hour. Some were inclined to believe 
 that either Puter or McKinley — and perhaps both — were responsible for his 
 absence, while others were unkind enough to hint that he might have been kid- 
 napped by Marie Ware, and it was even suggested that the Government should 
 put sleuths or bloodhounds on his trail, with a view of ascertaining the facts. 
 
 The truth came out at last, when one of his intimates gave the whole 
 snap away. The Colonel felt so sore on account of having had his labor for his 
 pains, that when he got back to Portland he was afraid to face the music, and 
 had virtually crawled into a hole and pulled the hole in after him. In other 
 words, he had sought the seclusion granted by his private apartments, and was 
 not at home to anybody until after the affair blew over. 
 
 After my interview with Mrs. Watson at the Imperial Hotel, I concluded 
 to call on my attorney, Mr. Mays, but hesitated in doing so, as I knew that he 
 would hold me responsible for her capture and blame me accordingly in the 
 absence of any knowledge of conditions. With this thought in mind, and being 
 in no humor to invite his displeasure and consequent reprimand, I remained 
 away from his office until the second day after my return, and felt greatly re- 
 lieved, when I did call, to learn that he had just stepped out. Shortly afterwards, 
 however, I called again, this time to find him engaged in conversation with a 
 client, and apparently too busy to confer with me, which situation, I was pleased 
 to observe, required that I should retire and see him upon a more propitious 
 occasion. I had remained long enough to break the ice, and that was all I could 
 expect under the circumstances. 
 
 The next morning I found him alone and apparently waiting to see me, 
 so putting on a bold front in the consciousness of being blameless so far as 
 Mrs. Watson's capture was concerned, I seated myself with perfect indifference 
 to fate, and was prepared to face the music. 
 
 It came soon enough, for I was hardly comfortably settled in one of his 
 big easy chairs before he had whirled around from his desk and fixed his 
 eyes steadfastly upon me, as if endeavoring to subdue me with his majestic 
 glance. "How did you come to make such a botch of that job?" was his first 
 question, after a moment or two of this sort of bluff. 
 
 Page 121 
 
"Botch nothing," was my reply, meeting his stony stare with equal imper- 
 tinence. "I did the best I possibly could under the circumstances, and probably 
 as well as anybody else could have done, all things considered." 
 
 "Yes, you did fine !" was his cynical rejoinder. 
 
 "Well, what do you know about it?" I asked, defiantly. 
 
 "Know about it? Why, I know everything!" he replied. 
 
 "You know nothing — absolutely nothing !" I responded, with considerable 
 warmth. "You have probably been reading the newspaper reports, or else lending 
 your ear to the tale of some jackass who knows as little as yourself concerning" 
 the facts." 
 
 Noting at this phase of our conversation that Mays was wavering, and 
 seeing my opening, I went on to state that only the Chicago detectives, Mrs. 
 Watson and myself knew anything about the circumstances attending her arrest, 
 and further, that not a living soul, outside of Mrs. Watson and I. were familiar 
 with conditions leading thereto. 
 
 "I know that Mrs. Watson has not mentioned the subject to you, and also, 
 as you must admit, that I have not yet been given an opportunity to make any 
 explanations," I continued, "consequently you are entirely in the dark." 
 
 My remarks seemed to exercise a quieting effect upon my worthy antag- 
 onist, and seeking to take advantage of the situation, I related the whole story 
 in detail : how I had been trailed from the time of my arrival in Chicago tmtil 
 the very moment that Mrs. Watson's hiding-place had been discovered. I also 
 related, to the most minute particular, how I had managed to elude the officers, 
 and of the preparations I had made for her escape. I admitted, however, that 
 I might have displayed even greater precaution had I been properly advised that 
 conditions demanded it ; but that, inasmuch as I was laboring under the impres- 
 sion that indictments could only be returned against us in the 24-1 case, and 
 knowing, as I did, that the Government had no ground to stand on in that pro- 
 ceeding, I could not perceive, either before or at the time of Mrs. Watson's 
 arrest, wherein her capture made any material difference so far as our standing 
 in court was concerned. 
 
 "But now," said I, "since my return to Portland I have ascertained that 
 we have been indicted in the 11-7 case, and right here is where we shall find 
 ourselves up against the real thing. You told me, Mays, before I started for 
 Chicago, that the statute of limitations would bar our prosecution in the 11-7 
 case, and on the strength of your assumptions I felt that there was nothing to 
 fear; but now, as soon as I get back here, I learn that we have been indicted by 
 the Federal Grand Jury on this very case, and you mark my words, Mr. Mays — 
 we are up against it." 
 
 Page 122 
 
Chapter X 
 
 Heney's coup in suhstituting the ii-J case for that of the 24-1 throws consterna- 
 tion in the ranks of the defendants, and upsets Mays' arrangements zvith 
 United States Attorney Hall to have Heney beaten in the iveaker case, 
 so as to open the doors for the dismissal of the other — Marie Ware meets 
 an interesting mining man, zvho is assiduous in his attentions, and almost 
 zvins her tender young heart, but he proves to be Douglas W. Doyle, of 
 the Government Secret Service, and the astounding discovery causes the 
 ivedding bells to go on a strike — Colonel Greene shows to disadvantage 
 as a sleuth — Details of the final preparations for the great ii-J battle. 
 
 MAYS was free to admit that the 11-7 case was a dangerous proposition, 
 but insisted that there was nothing to fear, as the statute of Hmitations 
 had barred all criminal proceedings, and that he would experience little 
 difficulty in quashing the indictment on demurrer. I was at a loss to comprehend 
 why an indictment should have been returned against us in the 11-7 case, unless 
 the prosecution hoped to secure convictions under it and felt sanguine of its 
 validity ; but as Mays was so positive that it was fatally defective, he inoculated 
 me with some of his confidence, and I gradually came to believe the cases would 
 ultimately be thrown out of court. 
 
 What I most feared in the 11-7 case was that by reason of the fact of 
 ten persons being involved, it was not unlikely that one or more of them might 
 be induced to make a confession, and by standing in with the Government, would 
 secure immunity from punishment in order to save their own scalps. If, how- 
 ever, the status of the case was as Mays predicted, there could be no serious 
 cause for alarm. 
 
 Personally, I had no fear whatever as to the outcome of the 24-1 case, 
 as the six entrymen who were supposed to have taken up the claims were purely 
 fictitious ; that no one outside of Marie Ware, McKinley and myself were aware 
 of this fact, and as it would be impossible for the Government to produce the 
 original claimants to the land, it was a foregone conclusion that no basis of 
 conspiracy could be established. 
 
 In the course of our conference Mays called my attention to a current 
 report that William J. Burns, recognized generally as one of the shredwest 
 detectives in the employ of Uncle Sam, was engaged in searching for evidence 
 against us, and that he was assisted by a large staff of Government Secret 
 Service men, all of whom were experts in their line, and pointed out the necessity 
 of seeing Marie Ware and Horace G. McKinley at once and cautioning them 
 against being interviewed by anybody, particularly with reference to the 24-1 
 case. 
 
 He then instructed me to be in readiness for trial, as the case would 
 undoubtedly proceed at the May term of Court, at which time I would be ex- 
 pected to have my witnesses present. 
 
 In addition to Judge Martin L. Pipes, of Portland, I had employed my 
 brother, Lawrence F. Puter, of ^Eureka, Cal., to represent me at the trial. 
 Mays was also to remain in the case, but in the capacity of silent counsel, as he 
 deemed it unwise to appear openly in my behalf on account of his complicity 
 in the frauds with which I was connected. He preferred to remain in the 
 background, and pin his faith to the hold he had on United States Attorney 
 John H. Hall, the idea being to try us on the 24-1 case, where Heney was certain 
 to meet with defeat, thus discouraging the Government in relation to the other 
 
 Page 123 
 
Prof. F. J. Toland, the celebrated handwriting expert, whom the defendants in the 
 11-7 case brought out from the East to combat the Government experts 
 
prosecutions, so that it would be an easy matter for Hall to ask for the dismissal 
 of the 11-7 case when it came up. He was also to aid us by hunting- up points 
 of law for use in the effort to attack the indictment on demurrer in the 11-7 case. 
 
 Miss Ware was represented by Charles A. Hardy and A. C. Woodcock, 
 of Eugene, Oregon, while Horace G. McKinley enlisted the services of Judge 
 Thomas O'Day, of Portland. 
 
 Mrs. Emma L. Watson, although one of the defendants, refused abso- 
 lutely to employ counsel, contending that she was an innocent party, and having 
 nothing to fear, did not propose to squander a penny, as she put it, in attempting 
 to make a defense. If it should develop that she recjuired the services of an 
 attorney, she declared that it was no more than right that Mays and myself 
 should foot the bill, as between us we were entirely responsible for the predica- 
 ment in which she was placed. 
 
 We now found ourselves with only a few weeks' time in which to prepare 
 for the trial of the 24-1 case, as it had been set for May 20, 1904, and believing 
 that the Government's main reliance would be circumstantial evidence in the 
 shape of the testimony of handwriting experts that we had forged the signatures 
 to the title papers in the six claims, we sought to establish a complete defense 
 by the employment of experts to combat this testimony, in much the same manner 
 that a disastrous conflagration is often averted by starting a back fire. 
 
 With this object in view, and knowing our innocence so far as forgery 
 was concerned, we spared neither time nor money in our efforts to secure a 
 handwriting expert who possessed not only unusual ability but was also endowed 
 with a high reputation for honesty and integrity. The expenditure of money 
 at this stage of the game meant nothing to us. New York, Chicago, and other 
 cities offered experts, but they did not appeal to us. Daniel T. Ames, of the 
 Cadet Whitaker case, the Fair will case, and numerous cases of national import- 
 ance, was suggested, but was not secured. Finally, upon the recommendation 
 of a member of Congress, and a high official of the Chicago, Milwaukee & St. 
 Paul Railway Company, both of whom had employed him in different capacities, 
 we secured the services of F. J. Toland, of La Crosse, Wis., a man of national 
 reputation as a penman, and who, while refusing retaining fees in many important 
 cases, had never failed to secure a verdict in favor of his clients. 
 
 Mr. Toland's commercial standing — owning at that time a chain of business 
 schools extending through Illinois, Wisconsin and Minnesota, to which he has 
 since added South Dakota and Nebraska — besides his strict veracity and the 
 weight which his clear and logical demonstration carries not only with a jury 
 but with all who have seen and heard him, gave us every reason to congratulate 
 ourselves on the slight difficulty we would experience in overcoming the testimony 
 offered by the sorcalled experts whom the Government had enlisted through United 
 States Attorney Hall, and who afterwards demonstrated their absolute ignorance 
 of the first principles of expert testimony, their evidence in this respect being 
 considered so notoriously incompetent that it was practically ignored under orders 
 of the Court. 
 
 It was at this stage of the game where the wonderful legal sagacity of 
 Francis J. Heney was first made apparent. It has since transpired that Heney 
 suspected Hall from the very moment he had a chance to diagnose the two cases, 
 and uncovered the United States Attorney's miserable subterfuge in playing up 
 the 24-1 case for trial, knowing full well that' it was the weaker of the two, and 
 that there was no possible chance for conviction. Heney recognized Hall's dupli- 
 city right away, and discerned in his raw work an attempt to have him beaten in 
 the 24-1 case and either wear out the Government so that he could dismiss the 11-7 
 case without arousing suspicion, or else try it alone, and cover himself with glory 
 at Heney's expense by convicting us. He probably reasoned that Heney would 
 be called off after losing the initial battle, after the fashion of a disgraced general 
 in warfare, and the fine Italian hand of F. P. Mays would thus become uppermost, 
 and suppress all further land fraud investigation in Oregon. Even after our 
 
 Page 125 
 
conviction by Hall independent of Heney, what was to prevent us from submitting- 
 to a light fine, as was done in the Cunningham case preceding, or else allow the 
 whole thing to gradually go by the board and resolve itself into a seven-days' 
 wonder ? 
 
 In the Cunningham case alluded to, the defendant, C. W. Cunningham, a 
 wealthy stockraiser of Umatilla county, Oregon, had induced a number of his 
 employes to file homestead entries on a large tract of vacant Government land 
 which was already inclosed in Cunningham's vast sheep pasture. All involved 
 were charged with conspiracy to defraud the Government of its public lands 
 under Section 5440 of the United States Revised Statutes, and upon the day set 
 for trial, while all the witnesses were on hand ready for the case to proceed, 
 much to everybody's surprise, Cunningham personally withdrew his plea of not 
 guilty and substituted therefor a plea of guilty, and a fine of $5,000 was imposed. 
 He had taken this action without the knowledge of his associates, and with a 
 single exception, the latter lost no time in following his example, a fine of $200 
 being imposed in their cases, which Cunningham agreed to pay. Upon his subse- 
 quent refusal to do so, the Court imposed the cost penalty upon him. No jail 
 sentence was given in any instance, and it was the general impression that Cun- 
 ningham's political prominence had much to do with United States Attorney 
 Hall's recommendations in his case, and not by reason of any mitigating circum- 
 stances. 
 
 However, Heney not only secured the substitution of the 11-7 case for 
 that of the 24-1, but succeeded in having the cases postponed until Fall, so that 
 after the demurrers were overruled by United States District Judge Bellinger 
 on October 21st. 1904, the 11-7 case was placed on the calendar for trial a month 
 later. 
 
 McKinley and I arrived in Portland shortly before November 21, the 
 date set for trial, and were greatly surprised when \ve ascertained the new phase 
 of the situation, and that we were to be tried under the 11-7 indictment instead 
 of that covering the 24-1 ofifense. We were sorely disappointed because we had 
 made all arrangements for going to trial on the latter case, whereas, on account 
 of the limited time, we were in no position to prepare a satisfactory defense in 
 the 11-7 case. 
 
 However, we lost no time in making the best of a bad bargain, and I 
 personally rounded up as many of the original ten entrymen in the township as I 
 could find, and succeeded in holding conferences with Marie Ware, Thomas R. 
 Wilson, Frank H. Walgamot, and Mrs. Watson. The others had either left the 
 country or were beyond our control. 
 
 When I talked with Mrs. Watson, she assured me that she had not been 
 approached by anyone during the summer months, so I knew that so far as she 
 was concerned the Government sleuths had obtained nothing. I also advised her 
 of the Government's change of front in switching from the 24-1 case to that of 
 the 11-7, in which she was indicted jointly with Marie Ware, Horace G. McKinley. 
 Dan W. Tarpley and myself, together with some of the other entrymen, and told 
 her that although she had located the claim under the name of Emma Porter, 
 and an indictment had been returned against her for conspiracy, I was informed 
 by my attorney, Mr. Mays, that there was no possible chance of conviction on 
 account of the intervention of the statute of limitation. She was likewise admon- 
 ished by me to stand pat and decline to be interviewed, all of which she agreed to. 
 
 Calling upon Marie Ware, I was somewhat annoyed to ascertain that she 
 had been hounded by Secret Service men all through the summer, and that in the 
 course of a visit with friends at Spokane, Wash., she became acquainted with 
 a dashy sort of a fellow who represented himself as a mining man, and who had 
 paid her devoted attention during her stay there. 
 
 "I suspected from the first that all was not right," declared Miss Ware 
 in describing her experiences, "as he spared no expense in my entertainment, 
 taking me to theatres and other places of amusement as often as the opportunity 
 
 Page 126 
 
presented itself, and never failing, upon these occasions to invite me to indulge 
 in some sumptuous repast afterwards, which I always accepted, as the dinners 
 to which he treated me were of the swellest character. Nothing, in fact, was 
 too good for me, and it afforded me a great deal of pleasure to 'blow' him, as I 
 did not care particularly for him, and was indifferent how much money he 
 might squander on me. 
 
 "After remaining in Spokane about a month, I returned to my home at 
 Eugene, Oregon, and had only been back a few days when I was much surprised 
 to receive a call from my new-found friend. He was aware, of course, of my 
 intended departure, but gave me no intimation that he would follow me home. 
 He lost no time in stating that he desired to see me in regard to an important 
 matter, and requested that I join him that evening at the hotel, where we could 
 enjoy a nice dinner together. 
 
 "I became convinced then that something was up, but just what the nature 
 of his mission was I could not clearly fathom, although I surmised that he was 
 connected in some way with the Government Secret Service, and was endeavoring 
 to cultivate me with a view of securing a confession of some sort that could be 
 used against us at the approaching trials. At all events, I had perfect confidence 
 in my ability to withstand his inquisitions, hence did not feel the least bit of 
 hesitancy in continuing the round of pleasure he was affording me." 
 
 "So you called at the hotel to see him, then?" I inquired. 
 
 "Certainly not!" responded Marie with some dignity. "I guess I have 
 lucid intervals. I simply replied, acknowledging receipt of his message, and 
 stated that I would be pleased to dine with him at the hotel, but that it would 
 be necessary for him to call for me at my home. This he did, and that evening, 
 after dinner, I entertained the gentleman by showing him some of the local 
 points of interest, after which he accompanied me to my residence, where he 
 left me and returned to his hotel, without making any mention whatever of the 
 'important matter' he wished to see me about. As I did not deem it wise to 
 broach the subject, I was forced to remain in ignorance temporarily of his 
 intentions. 
 
 "When he called the next day, in response to my permission to do so, he 
 had not been with me long before matters assumed a very serous aspect. After 
 reviewing our short acquaintance, which he declared had constituted the very 
 salad of his existence, he went on to explain how his feeling for me had ripened 
 into a perfect torrent of love, and that life without me would become as bleak 
 and dreary to him as the desert of Sahara. It was really pathetic, this story of 
 unrequited affection, and I was deeply touched because of his ardent revelations. 
 
 "He then went on to explain about his big mining deals : how he repre- 
 sented some of the greatest financiers of the country in the purchase of mining 
 properties, and which position enabled him to secure holdings of great personal 
 value in his own name. He also told me of deals which he expected to consum- 
 mate in the near future, after which he would probably be called upon to make 
 a flying trip to Australia. 
 
 " 'How delightfully sublime it would be,' he continued in the rapture of 
 his passionate outburst, 'if you could only accompany me,' and then, as an evidence 
 of good faith, he continued : 'li you will go, your every desire in life will be 
 guaranteed !' and he became so enthusiastic at this point that I experienced great 
 difficulty in keeping him within bounds. 
 
 "I endeavored to reason that it was all so sudden ; that I had never thought 
 of such a thing, and that he must give me time to think the matter over. 
 
 "'Now, Miss Ware — my darling Marie!' he continued in his ecstacy, 'if 
 you will consent to my plan, I will, before our departure — even now, if you 
 insist upon it, transfer one of the mines over to you which I contemplate purchas- 
 ing. There is one,' he continued, 'which I have fully decided to buy, but do not 
 wish to be known personally in the transaction, and if you so desire I shall have 
 it deeded direct to you.' 
 
 Page 127 
 
"I assured him that it was a generous act on his part, and that I appreci- 
 ated his kindness very much. As to going with him to AustraHa, however, I 
 insisted that he should give me more time in which to consider the proposition. 
 
 "After this modern knight errant had taken his departure, I experienced 
 great difficulty in bringing myself to a realization that I had not been dreaming. 
 My heart was all a-flutter, to put it mildly, and it is simply impossible for me 
 to describe my emotions. I was thoroughly convinced that he was endeavoring 
 to ensnare me in some kind of a trap, the nature of which w^as beyond my com- 
 prehension. He was to call again that evening, however, so all I could do was 
 await developments. In the meantime I commenced to make preparations for 
 a trip to Hot Springs, on the Santiam, which I had had in mind since my return 
 from Spokane. 
 
 "\\'hen he called again that evening, I referred to my contemplated visit 
 to Hot Springs, and he asked permission to accompany me there. This I declined 
 to grant, stating that I did not consider it at all proper. He insisted very urgently, 
 but still I refused to give my consent. After remaining the greater portion of 
 the evening, he informed me that he would probably go on to Portland, and would 
 expect to hear from me with extreme regularity, gaining a promise from me 
 that I w^ould write as often as possible. 
 
 "I had been at the Hot Springs but two days when my new flame put in 
 an appearance. 'Just couldn't bear the thought of remaining away from you,' 
 was the excuse he gave. 'Besides,' he continued, 'the mining deal concerning 
 which we talked, will be in readiness for consummation by the time we can reach 
 Portland, and I want you to go there with me." 
 
 "I insisted that it would be necessary for me to return home before making 
 the trip, but would meet him in Portland at a given time, and under that arrange- 
 ment we parted company. 
 
 "When I arrived in Portland, I stopped at the Oxford Hotel, on Sixth 
 street, and the day following my friend came there also and engaged a room. 
 I did not quite fancy the idea of his putting up at the same place with me, but 
 what could I do under the circumstances ? 
 
 "From that time on it was another continuous round of pleasure, and not 
 to be in the slightest degree selfish in the matter, I invited my sister to share 
 my enjoyment. In fact, I 'worked' him to the queen's taste, to put it mildly, 
 and it w^ould probably stagger the imagination to know how much money he 
 squandered with his lavish attentions. We had moonlight auto rides galore and 
 the whole world seemed to be a sphere of everlasting happiness. We attended the 
 theatre every evening, and invariably wound up wath an elaborate spread at some 
 swell cafe, until I began to think that I must have been 'a-dreamin' sure enough. 
 
 "About the fourth or fifth day — I say 'about' advisedly, because I took 
 no account of the flight of time — my mining friend came to me one afternoon 
 and after handing me a document, announced that it only required my signature 
 to make me the proud possessor of one of the most valuable mining properties 
 in the United States. Gee ! but wasn't I on pins and needles ! I could hardly 
 restrain myself, and when he stated that in order to have everything regular it 
 would be necessary for me to accompany him to a certain bank, w^here he would 
 pay over the balance due on the option of purchase, and where my signature could 
 be witnessed, I readily gave my consent, as I had made a careful examination of 
 the document in the meanwhile, and could find nothing objectionable therein. 
 
 We then started for the bank, but somehow or other I became suspicious 
 that all was not right, and determined to make sure of my position before signing 
 any papers. So I stopped my friend on the street and told him that, while I had 
 every confidence in his integrity, I considered it advisable to consult with my 
 attorney. Judge Thomas O'Day, before taking further action. He demurred to 
 this proposition and assumed a highly indignant attitude, declaring that he did 
 not wish to acquaint outsiders with the nature of our relations, and insisting that 
 everything was perfectly straight. 
 
 Page 128 
 
Judge Thomas O'Day, leading attorney for 
 Horace G. McKinley in the 11-7 case 
 
" 'No,' said I, Sve must show this to Judge O'Day, otherwise I shall 
 decline to attach my signature.' With this he snatched the paper from my hand 
 in the rudest kind of a manner, turned on his heel, and that is the last I have 
 ever seen of him." 
 
 As Miss Ware had made no mention of the gentleman's name up to this 
 time, I asked her to enlighten me on the subject, in order that I might seek to 
 establish his identity. This she hesitated to do for fear that publicity might be 
 brought upon her in case the affair should get to the attention of the newspapers 
 in any way. She insisted that he had treated her with uniform courtesy through- 
 out their brief acquaintance, and outside of his proposal for her to accompany 
 him to Australia, his conduct had been surrounded with the utmost propriety. 
 Even the proposed trip to Australia, she said, was within the bounds of dignity, 
 as she understood him to mean that they should become man and wife before 
 making the start, but the general public might not condescend to look at it in 
 that light. "My actions throughout," continued Marie, "were strictly proper, 
 although I confess that I was not altogether prudent at times." 
 
 Upon my assurance that I would not permit the matter to obtain publicity 
 — for the time being, at least — she finally consented to give me the name of her 
 quondam friend by stating that it was Douglas W. Doyle. I proceeded at once 
 to make inquiry concerning Mr. Doyle, but could make little headway, as nobody 
 appeared to know him. A few days later Miss Ware called me up by 'phone and 
 asked me if I had ascertained anything about him. In reply to my negative re- 
 sponse, she stated that she had, and requested me to call immediately, w'hich I did. 
 
 From an authentic source, she had learned that Doyle was in the Govern- 
 ment Secret Service, and that Uncle Sam had footed all the bills for her lavish 
 entertainment, which had been instigated by William J. Burns, who had set Doyle 
 after her w^ith a view of captivating her and using this influence as a key to 
 unlock the secrets in her possession. Aside from this information, she was unable 
 to tell me anything further, so I concluded to take up the chase on my own 
 account. After locating my man, I trailed him for some time personally, later 
 employing a private detective to do the work for me. 
 
 Investigation resulted in our becoming familiar with his habits, and it 
 was not long before he had made some new and very genial acquaintances. 
 Heretofore he had played the part of an entertainer. Now he \vas being enter- 
 tained to a finish, and so aptly had the trap been laid, and the bait so enticingly 
 prepared, that he soon fell prey to the winning smiles that were showered upon 
 him in such lavish profusion. There was nothing too rich for his blood, and 
 we plied him with bubble water until further orders, with the result that in the 
 heat of one of his most frenzied debauches he gave the whole snap away — told 
 us everything relative to his affair with Marie excepting the wind-up, and we 
 were already posted about it. He was too vain and conceited to admit defeat 
 at the hands of a clever woman, notwithstanding the old adage of "in vino 
 Veritas ;" but in every other respect he canvassed the situation with the highest 
 degree of accuracy. 
 
 As a fitting climax to this most remarkable piece of work, he declared 
 that he was still possessed of the document, which, after being signed by her, 
 he intended to convert into damaging evidence. In other words, he explained 
 that the papers purporting to be a transfer of mining property had been prepared 
 in such a manner that the last page contained no writing whatsoever with the 
 exception of the notarial acknowdedgment, and it was his intention to attach 
 this to a typewritten confession, which he would prepare at his leisure. 
 
 We w^ere all astounded at the man's revelations, but pretended to be 
 highly entertained by the portrayal, evincing no concern beyond a desire to accord 
 him unlimited praise for his display of ingenuity. After a few more bottles, 
 Mr. Doyle reached a stage of innocuous desuetude, and his entertainers gradually 
 faded away, leaving him as one "who treads alone some banquet hall deserted," 
 covered with glory and stray champagne corks that had seen better days. 
 
 Page 130 
 
The next day I called upon Miss Ware and acquainted her with the result 
 of my investigations. She evinced little surprise, remarking that Doyle's story 
 simply confirmed her first impressions of the man, and it was obvious to me, 
 judging from the correctness of her diagnosis of his case, that a woman's intu- 
 ition is an element that must always be reckoned with. 
 
 We were considerably surprised to learn later, as were also those familiar 
 with Doyle's meteoric career, that he was unceremoniously relieved from duty — 
 or "bounced," to use a rough expression — at the request of his superior officer . 
 It was really too bad that a person of his brilliant attainments should meet such 
 a discouraging reward, but of such is the kingdom of fate, and it is a notorious 
 fact that republics are ungrateful ! 
 
 No sooner had the Doyle episode become a closed incident, than Miss 
 Ware became the center of attraction for the entire Secret Service Department 
 of the Government. She received numerous visits from strange men who had 
 suddenly developed a quickening of the pulse over her manifold charms, among 
 the number being George Burns, son of the man who has become famous the 
 world over for his sleuthful tactics. Young Burns played the devoted lover 
 act for all it was worth, and then retired, after a week's effort, a sadder, if not 
 a wiser, man, having signally failed in his attempts to secure anything like a 
 confession from Marie. 
 
 His father, William J. Burns, then assumed personal charge of the case, 
 and to him may be given the credit of securing an admission from Miss Ware 
 that frauds had been perpetrated. She offered to make a complete confession 
 upon conditions which made it impossible for Burns to accept. She agreed to 
 reveal to him every detail connected with the fraudulent transactions, of which 
 she had personal knowledge, provided, however, that he should give her a written 
 stipulation from Judge Bellinger that immunity from punishment should be 
 granted to Horace G. McKinley, with whom she had long been in love, and 
 whom she expected to marry as soon as he could obtain a divorce from his wife. 
 Although a personal friend of mine, she demanded no reservation in my behalf, 
 but she insisted to the last that McKinley should not be prosecuted. Mr. Burns, of 
 course, declined to entertain Miss Ware's proposition, as he was after both 
 McKinley and myself, and his heart was set on convicting us both, which Heney 
 succeeded in doing, notwithstanding Marie's refusal to make a confession. 
 
 After my interview with her I telephoned for Dan W. Tarpley to come 
 down from Salem for the purpose of conferring with me relative to the situation, 
 he being one of our chief lieutenants. In discussing the matter with "Lookout 
 Dan," as we called him, I received information that William J. Burns had a 
 regular army of Secret Service men in the field, and that he had personally 
 directed the investigations that had been made during the summer months, and 
 which were still being conducted at that time. 
 
 Tarpley likewise told me that Burns had brought out civil engineers from 
 the General Land Office at Washington, D. C., who had surveyed each quarter 
 section of land involved in the frauds in Township 11-7, and who had also taken 
 various photographs of the topography of each claim, in order to show the 
 utter impossibility of any portion of them ever having been cultivated, as set 
 forth in the different final proofs. This information Tarpley gained from con- 
 federates at Detroit, Ore., the nearest town .to the 11-7 claims. 
 
 He also learned that Burns' men had been "sweating" Robert B. Montague, 
 deputy county clerk of Linn county, Ore., before whom six of the ten entrymen 
 had filed and made final proof, and in addition had interviewed Dr. Frank H. 
 Walgamot, of Portland, and Thomas R. Wilson, of Salem, both of whom were 
 11-7 entrymen. Tarpley stated that he was in no position to give me the result 
 of these interviews, and advised me to call on the gentlemen named and learn 
 the facts from them. 
 
 Meeting Wilson in Portland shortly afterwards, he proceeded to relate 
 his experiences with Government agents. My acquaintance with Wilson began 
 
 Page 131 
 
Mammaloose Island in the Columbia River, on the boundary between Oregon 
 and Washington. Used by Indians of Northwest 
 
 as burial ground 
 
 while he was newsboy on the Southern Pacific railroad, running from Portland, 
 Ore., to Dunsmuir, Cal. At the time of his interview with Colonel A. R. Greene, 
 Special Inspector, Department of the Interior, Wilson was chief clerk in the office 
 of the Warden of the State penitentiary at Salem. 
 
 Wilson told me that he had become cognizant of the fact that Greene 
 was looking for him through conductors and brakemen with whom he was for- 
 merly employed, and his first impulse was to leave the country, as he fancied an 
 indictment had been returned against him for his participation in the 11-7 
 frauds. On second thought, however, he resolved to stay and face the music, 
 as he was holding a good position, and moreover had concluded that the case 
 would not amount to much. 
 
 In a few days Warden James called at his room and informed him that 
 a man named Greene wished to see him down in the office. The feelings of ^\ll?on 
 can better be imagined than described when he received this startling intelligence, 
 as all the courage he had been storing up for the occasion seemed to have deserted 
 him in a hurry. In desperation he seized a flask of whisky near at hand and 
 partook copiously of its contents, and thus braced up, he followed the Warden 
 downstairs and was ushered into the presence of Colonel Greene. 
 
 The latter focussed his eagle eye upon the young man, and then began 
 his inquisition, while a stenographer proceeded to take down the questions and 
 answers. 
 
 "What is your true name?" inquired the Government inspector. 
 
 "Thomas R. Wilson," came the ready response. 
 
 Page 132 
 
"Have you ever worked for the Southern Pacific railroad?" continued the 
 Colonel. 
 
 "I have," softly murmured Wilson. 
 
 "Did you ever locate a homestead claim in Township 11 S., Range 7 E., 
 Willamette Meridian?" the Inspector went on, in monosyllable tones. 
 
 "No sir, I never did," came the innocent response. 
 
 "Are you acquainted with that township, or do you know any person 
 who has ever filed a claim therein?" "No, sir." 
 
 "That's very strange," mused the Colonel, thoughtfully. "I notice that 
 you are lame, and such a person has been described to me as the one who took 
 up a claim in 11-7 under the name of Joseph Wilson." 
 
 "Can't help that," replied Wilson ; "it must be some mistake." 
 
 Greene then asked him to write his full name, which he did in his natural 
 hand, as also the name of Thomas Wilkins. The Government officer thereupon 
 handed Wilson some documents bearing the signatures of "Joseph Wilson" and 
 "Thomas Wilkins," both of which Wilson recognized immediately as having 
 been written by himself. While still holding the original documents in his hand, 
 he was asked if he did not think they were written by one and the same person. 
 After examining the signatures closely, as if to convey the impression that he 
 was desirous of passing judgment upon them from the standpoint of a hand- 
 writing expert, Wilson raised his head, and without batting an eye, replied : 
 
 "Most undoubtedly, they were written by the same person !" 
 
 The Inspector next requested him to write some other names, besides a 
 few capital letters, so taking the prison register from the desk, he did as desired 
 in his natural hand. 
 
 In telling me about it, \A^ilson declared that the statement he had made to 
 Col. Greene that the names of Joseph Wilson and Thomas Wilkins were written 
 by the same person, was the only truth he expressed in the course of the whole 
 interview, because he was well aware of the fact that both signatures had been 
 written by himself. 
 
 "The interview," continued Wilson, "lasted fully an hour, and was con- 
 cluded by Col. Greene handing me the typewritten transcript of my testimony 
 from the stenographer's notes, which he asked me to read, and if found to be 
 correct, to attach my signature thereto. This I did in my natural hand. 
 
 "Returning to my room, I felt greatly relieved to think that the ordeal 
 was over, though sore at heart, and with anything but a guiltless conscience. 
 The very thought of having to sit there all that time, in the presence of the 
 Warden, a man for whom I entertain the highest regard, and whom I believe has 
 unbounded confidence in me, and to make those false answers to Greene's ques- 
 tions, was more than I could stand. It was a frightful experience, and com- 
 pletely shattered my nerves and unfitted me for business ; so I took another 
 swig at the bottle, which filled me with a sort of 'Dutch courage,' and called 
 down stairs to the Warden, complaining of not feeling well, and requested per- 
 mission to be relieved from duty for the balance of the afternoon, to which 
 Warden James assented. 
 
 "Some days later Col. Greene called upon me again, this time to inform 
 me that he had had an interview with Frank H. Walgamot. of Portland, one 
 of the entrymen in Township 11-7, who claimed to be acquainted with me, and 
 it was desired that I should accompany Cot. Greene to Portland in the effort 
 to establish any identity that might exist. I realized right off that Walgamot 
 would recognize in me the person who located one of the claims, but I had no 
 other alternative than to pretend to be exceedingly glad of an opportunity for 
 straightening the matter out, and consented to go with him to Portland. 
 
 "While waiting for the train at the Salem depot, I managed to communi- 
 cate with 'Lookout Dan' over the 'phone in Portland, apprising him of my 
 predicament. Tarpley advised me not to worry, as he would see Walgamot 
 before we could get there and coach him how to act. 
 
 Page 133 
 
"Upon our arrival, we proceeded to Walgamot's dental parlors, and after 
 waiting- in the reception room a short time, the Doctor came in, and was imme- 
 diately asked by Col. Greene if he had ever seen me before. Walgamot scanned 
 me closely and then unhesitatingly replied in the negative. 
 
 " 'Then,' said Col. Greene, 'this is not the Joseph Wilson who took up a 
 homestead claim with you in 11-7?' "'Decidedly not!' was Walgamot's answer. 
 
 "The dentist then pretended to evince curiosity, as if greatly surprised at 
 the resemblance, and remarked that it was a very strange coincidence ; that the 
 Wilson he knew was about my size and complexion, was maimed, like myself, 
 and in the same limb, too, and that we walked alike and resembled each other in 
 every respect with the exception of our facial expressions. 
 
 "There was no doubt about that, because I looked more like a ghost than 
 a human being while all this torture was in progress. At all events, it seemed 
 to settle the question in the mind of Col. Greene, so he thanked me very pro- 
 fusely for my trouble in coming with him, and expressed the hope that I had 
 not been greatly inconvenienced. At that I assumed fresh courage, and assured 
 him with a patronizing air that I was only too glad of an opportunity for aiding 
 him in clearing up the apparent 'mystery,' whereupon we parted company." 
 
 After relating his story to me, Wilson volunteered the information that 
 I had nothing to fear so far as he was concerned. He seemed to feel great 
 confidence in himself because of his ability to throw Col. Greene off the scent, 
 and his estimate of the latter as a detective was not of a flattering character. 
 Wilson often referred to the Inspector as a "mummy," and expressed the opinion 
 that if the entire Secret Service Department of the Government were all like 
 him, there would be nothing to fear. 
 
 Meeting "Lookout Dan" again, I complimented him upon the highly satis- 
 factory manner in which he had handled the matter. Tarpley did not consider 
 that much credit should attach to himself, declaring that Walgamot was only 
 too glad of a chance to protect Wilson, and incidentally deceive Col. Greene. 
 He claimed that Wilson's promptness in 'phoning to him from Salem was what 
 saved the day, although Walgamot had exercised masterful diplomacy by his 
 answers to the Inspector's inquiries. 
 
 The subject of William J. Burns then came up for discussion between 
 Tarpley and myself, "Lookout Dan" urging that I seek an interview with the 
 famous Government sleuth ; in short, "beard the lion in his den — the Douglas 
 in his hall." While I was not particularly infatuated with this idea, still it 
 appealed to me as a wise suggestion, and I decided to adopt it. 
 
 Finding Burns, though, was like looking for a needle in a haystack, and 
 I realized before many days that he was about the hardest man to trail I had 
 ever encountered. True, upon several occasions I caught glimpses of his coat- 
 tails disappearing around corners, but that was the nearest approach I ever 
 came to meeting him face to face. 
 
 "Lookout Dan" thought it would do no harm, even if it could do no good, 
 to cultivate Burns with a view of feeling his pulse, but I was not in the same 
 class with him as a sprinter, and whatever acquaintance we made was after my 
 conviction. 
 
 As the date for the trial approached, McKinley, Tarpley and myself held 
 a council of war with the object of canvassing the situation. We came to the 
 conclusion that everything possible had been done in the way of preparation for 
 our defense, as we had surveyors on the ground as witnesses who had previously 
 made an examination of the township, and who were in a position to testify that 
 the character of the land was such as to preclude anyone from making a state- 
 ment that the improvements we had vouched for did not exist, as the township 
 was so densely covered with underbrush and timber that it would be an utter 
 impossibility to notice a cabin within a hundred feet of the line. 
 
 We also had witnesses who had been in the employ of the Government's 
 engineers and photographers at the time they had investigated the status of the 
 
 Page 134 
 
claims in 11-7, and they were prepared to testify that the Government surveyors 
 had seldom, if ever, deviated from the section lines, consequently a cabin could 
 have been within a stone's throw of them without their seeing it. 
 
 We knew, as a matter of fact, that homesteaders rarely placed their 
 improvements in close proximity to any section line, for the simple reason that 
 by doing so they would attract the attention of anyone seeking a chance to 
 inaugurate a contest, especially if, as was generally the case, the improvements 
 did not meet the requirements of the homestead law. As a matter of fact, 
 homesteaders in a community are naturally clannish, and stand together in the 
 matter of proof, so that one will be witness for the other in proving up, and 
 vice versa. 
 
 We had also arranged to have witnesses on hand from Detroit, Ore., the 
 nearest point of civilization to township 11-7, who were willing to testify that 
 they had seen the entrymen going to and fro at various times, and in addition 
 to all this, we depended a great deal upon Special Agent C. E. Loomis, of the 
 General Land Office, and Captain S. B. Ormsby, Superintendent of the Cascade 
 Forest Reserve, both of whom had been appointed by the Government to investi- 
 gate the validity of our claims in 11-7, and who had been well paid by us long 
 before to make favorable reports thereon. We figured that because of having 
 made these garbled reports, they would necessarily have to stand by us for their 
 own protection as well as ours, but in this we reckoned without our host again, 
 as Heney and Burns not only forced confessions out of them, but the Federal 
 Grand Jury of Oregon has since indicted them for this and other offenses, and 
 both officials lost their jobs besides. 
 
 With all our witnesses on hand, about 24 in number, including Professor 
 F. J. Toland, the distinguished handwriting expert, we concluded that our prepa- 
 ration for the great legal battle had been carefully planned, and because of our 
 fortified position, we anticipated nothing but victory. 
 
 A Monarch of the sugar 
 pine forest 
 
 Page 135 
 
Chapter XI 
 
 Trial of the famous "ii-f case ends in speedy conviction after a scries of 
 sensational developments — Puter charges that himself and associates were 
 to be sacrificed as a burnt offering in atojiement for the sins of those 
 "higher up" — incidentally, the land fraud king pays his respects to John H. 
 Hall, and shozvs hozv the efforts of the ousted United States Attorney to 
 hide Heney's light under a bushel met zvith disastrous consequences — 
 Binger Hermann's fickle memory proves a factor at the trial, but fails to 
 save the defendants — Telegraphic correspondence between Heney and 
 Mitchell indicates the pozverful pressure brought by the Government to 
 secure the Senator's attendance as a witness — Special Agent Loomis and 
 Forest Superintendent Ormsby shine as pastmasters in the art of making 
 misleading reports. 
 
 EVENTS antedating the trial and conviction of myself and associates in 
 the 11-7 case, and incident thereto, will, if carefully analyzed, reveal the 
 contemptible political conspiracy to make us the scapegoats for the accumu- 
 lated misdeeds of all those who had in any way been implicated in Oregon land 
 frauds, and will show that the ringleader of the scheme was none other than 
 John H. Hall, at that time the United States Attorney for Oregon, but after- 
 wards ousted from office by President Roosevelt on account of his questionable 
 connections. 
 
 I am not seeking to vindicate myself by these assertions, or presenting 
 them as any excuse why I ought to have been absolved from receiving my just 
 deserts, but I wish to lay particular stress upon the well-accepted fact that those 
 "higher up" were eager to crucify the 11-7 gang upon any kind of legal cross 
 in the hope that the sacrificial offering would atone for the stains of their own 
 sins, and that Hall was to be the high priest at the ceremony. 
 
 With the ink still undried upon his commission as a public servant, and 
 the sacred echoes of his oath of office still ringing in his ears, he was to be 
 the conscienceless medium through which his corrupt political allies hoped to 
 secure immunity from punishment by making us their burnt offering. They 
 were deeper in the mud than we were in the mire, and nobody knew this half 
 so well as John H. Hall; yet he stood ready to prostitute his official position in 
 the manner described, and expected, by making a horrible example of us, to pull 
 the wool over the eyes of the law-abiding element, and soothe the public with 
 the idea that Justice was satisfied ! 
 
 Abraham Lincoln once gave voice to some expressions that have since 
 become symbolic, and in a measure are applicable in this instance. In the course 
 of one of his most famous addresses, the martyred President said: 
 
 "You can fool some of the people all the time; you can fool all the people 
 some of the time ; but you can't fool all the people all the time !" 
 
 Francis J. Heney was one that they didn't fool. He suspected the 
 United States Attorney for Oregon from the moment it dawned upon him that 
 the latter had attempted to switch the weaker case of the two up for trial, and 
 it is an open secret that the Government kept tab on every move that Hall subse- 
 quently made, until he was dismissed peremptorily from public service at Heney's 
 suggestion. 
 
 A traitor to the Government, Hall's natural selfish instincts prompted him 
 to betray us, and desert us in our extremity like a rat leaving a sinking ship. 
 People may say that it comes with poor grace for one in my position to 
 
 Page 136 
 
Mount Jefferson, Oregon, looking across Township 11-7 
 
 try and preach an effective sermon, and hint that it is bad policy for the 
 kettle to call the pot black, and indulge in similar side-remarks; but just the 
 same I am of opinion that it would have been far more honorable for Hall to 
 have openly confessed his own wrong-doing and that of his influential political 
 associates rather than seek to divert the bloodhounds of law from the trail of 
 larger game by raising the cry of "Wolf !" 
 
 He got caught in the end himself, and now "there are none so poor as 
 to do him reverence," whereas, had he come out in manly fashion as soon as he 
 realized that he had been hoist by his own petard, almost everybody would have 
 had some respect for him, and there would have been many who would have 
 applauded his attitude as a genuine act of atonement. 
 
 The course of the United States Attorney in this respect is remindful of 
 a doggerel verse I once learned in my early youth : 
 
 "He digged a pit, he digged it deep. 
 
 He digged it for his brother ; 
 
 And for his sin he did fall in 
 
 The pit he digged for 'tother." 
 It is barely possible that Hall, because of the failure upon his part to 
 secure from McKinley and myself the sum of $5,000 to quash the indictments 
 against us, thought to take revenge on that account, and this, of itself, may have 
 influenced his action toward us. McKinley, however, was firmly of the opinion 
 that our failure to come through with the cash, when the demand was made 
 upon us through George Sorenson, on behalf of Prosecutor Hall, was wholly 
 responsible for his attitude toward us. However that may be, it is certain that 
 Mr. Hall was willing we should be sacrificed, and I believed then, as I still believe, 
 that it was for no other purpose than to get us out of the way with as much 
 dispatch as possible, use his influence with the Court to the end that we get the 
 limit on McNeil's Island, and thereby eliminate the possibility of our appearing 
 to give testimony against those of his friends against whom he believed indict- 
 ments might be returned at a later date, and who, both socially and politically, 
 were closer to his friendship than were we. 
 
 Page 137 
 
As to the $5,000 hereinbefore referred to, and which amount George 
 Sorenson hinted to McKinley and I would be sufficient to influence United States 
 Attorney Hall to the end that the indictments against us would be quashed, we 
 agreed with Sorensen to produce the amount named if he could give us any 
 assurance that Hall would live up to the arrangement, whereupon he asked for 
 time in which to consult with Mr. Hall, and on the following day he returned 
 with the assurance that it would be agreeable to the District Attorney and that, 
 if I would meet Mr. Hall in St. Louis, where he expected to spend his vacation 
 in visiting the Fair, the money could be paid to him by me personally at that 
 time. This I consented to do, but as McKinley neglected to fulfill his part of 
 the obligation, the matter was dropped, as I did not feel justified in putting up 
 the entire amount myself. 
 
 Some time after my conviction in the ''11-7" case, the Federal Govern- 
 ment indicted George Sorenson because of his connection with the $5,000 bribe 
 referred to, and A'Ir. Hall himself, while on the witness stand during the trial of 
 Sorenson, admitted that the latter had offered him the money, but was unable to 
 suggest any excuse for his failure to have him brought to account forthwith 
 for his conduct on that occasion. 
 
 At the time the indictments were returned against myself and associates, 
 my attorney, F. P. Mays, advised that it was for the best, as it was sure to 
 come, sooner or later, and that, with his friend John H. Hall in office, he could 
 arrange with him to have the trials put off from time to time and would eventu- 
 ally have the matter quashed altogether. Mr. Hall at that time had full 
 control of the situation, but when it developed later that the Government had 
 appointed a special assistant to prosecute the cases, the status of affairs was 
 materially changed, and more particuarly after Mr. Heney appeared on the 
 scene to prosecute an investigation of the situation prior to the commencement 
 of the trial. It was then, no doubt, that the thought developed in the minds of 
 such men as F. Pierce Mays and Senator Mitchell, that McKinley and I were of 
 little consequence, and then, too, in my opinion, that the plan was conceived to 
 sacrifice us through arrangements made with Mr. Hall to that end. 
 
 To be sure, the unexpected, which always happens, occurred when Heney 
 appeared unbidden upon the scene. He was the unknown quantity which is 
 never taken into consideration, and which usually upsets all calculations ; but 
 that was no reason why Hall should have consented to make flesh of one and 
 fowl of the other, nor any excuse for our old pals to turn their backs upon us, 
 as described in another chapter, as soon as we were convicted. 
 
 It is true the Old Guard, with its political sway in Oregon covering a 
 period of more than a quarter of a century, had endeavored in every possible 
 manner to discount Heney in public estimation as soon as it became apparent 
 that he was to have charge of the Oregon land fraud prosecutions, and kept up 
 a constant anvil chorus with that idea in view. 
 
 United States Senators Mitchell and Fulton had registered a solemn 
 protest with the Department of Justice against Heney 's appointment, and in this 
 scheme to nip the latter's ambition in the bud, and at the same time protect their 
 friends, they were aided and abetted by Judge M. C. Burch, Assistant Attorney- 
 General of the United States, according to a statement made by Heney himself 
 during the course of his argument in the Hall conspiracy case later on. 
 
 That Heney keenly appreciated the situation is evident from the fact that 
 for the first three days of the trial, while Hall was keeping him in the background 
 all he could, and trying to make it appear that the famous prosecutor was merely 
 his assistant, Heney became warmer around the collar all the time, and kept 
 sliding further and further under the big courtroom table until at last only the 
 back of his neck was visible, and it resembled a brush heap on fire. 
 
 I was in high glee over his discomfiture, and we all came to the conclu- 
 sion that the imported Government prosecutor was a false alarm, after all ; but 
 about the middle of the third day, however, after Hall had personally selected 
 
 Page 138 
 
Judge Martin L. Pipes, chief counsel for 
 Puter in the 11-7 case 
 t 
 
the jnrv without any assistance whatever from Heney, and had even commenced 
 the examination of witnesses without giving- his superior an opportunity to be 
 heard, something- occurred that satisfied me we had no earthly show of being 
 acquitted. The question of what constituted an overt act under a charge of con- 
 spiracy arose during- the course of the examination of witness Greene, and our 
 attorneys kept up a perfect fusilade of hot shot at Hall until they had him going-, 
 and in fact he was all in. He had taken his seat and was looking imploringly 
 at Judge Bellinger, who presided at the case, until his pleading countenance, 
 witii its expression of longing for a favorable ruling, bore a striking resemblance 
 to an Aztec watching for the coming of Montezuma. At this juncture my atten- 
 tion was directed to the vicinity of the farther end of the lawyers' table, and I 
 saw at once that the Special Assistant had begun to unlimber his batteries and 
 get in the game. 
 
 Colonel A. R. Greene, Special Inspector, Department of the Interior, had 
 been placed on the stand to identify the title papers as those intrusted to his 
 care by the General Land Office. Judge Pipes, of counsel for the defense, inter- 
 posed an objection to the line of testimony, claiming that the counsel for the 
 prosecution was "turning this case topsy-turvy." He also attacked the indict- 
 ment, stating that it was faulty and a monument of ill-shaped phrases, and that 
 it did not tend to connect the defendants with any conspiracy. 
 
 Mr. Heney followed out the terms of the indictment, and showed that 
 the pleadings of the opposing attorney were specious, and made one of the 
 strongest presentations heard in the case up to this time. The speech, of itself, 
 was most eloquently delivered, and as Mr. Heney cited innumerable Supreme 
 Court opinions sustaining every contention, his remarks carried great weight 
 and were all too convincing in character to be taken lightly by counsel for the 
 defense. It was common talk, in fact, among defendants' attorneys, that our 
 rank and file must be reinforced by all the reserve forces at our command, for 
 now, indeed, if never before, it was fully realized by all concerned, that Francis 
 J. Heney was a veritable cyclone. 
 
 On November 21, 1904, those charged in the indictment with conspiracy 
 to defraud the Government of its public lands in the now famous 11-7 case 
 were brought to trial, with the exception of Harry C. Barr, who had been 
 adjudged insane by Justice of the Peace VValdemar Seton, and sent to the State 
 asylum at Salem, from which institution he later made his escape and has never 
 since been apprehended. 
 
 The Government was represented by Francis J. Heney, of San Francisco, 
 Special Assistant to the United States Attorney-General, and John H. Hall, 
 United States Attorney for Oregon, while the following attorneys appeared for 
 the respective defendants: Judge Thomas O'Day, of Portland, for Horace G. 
 McKinley; C. A. Hardy and A. C. Woodcock, of Eugene, Ore., for Marie L. 
 Ware; L. H. Tarpley, of Portland, for his brother, Dan W. Tarpley; while 
 Judge Martin L. Pipes, of Portland, and my brother, Lawrence F. Puter, of 
 Eureka, Cal., assisted by F. Pierce Mays, of Portland, as silent counsel, repre- 
 sented me. 
 
 Neither Emma L. Watson or Frank H. Walgamot employed counsel, as 
 it appeared unnecessary for them to do so, on account of the case being in the 
 nature of a joint proceeding. On the last day of the trial, however, Claude 
 Strahan, a Portland lawyer, was engaged by Walgamot to look out for his 
 interests in connection with his plea of guilty, made just before the case went to 
 the jury. 
 
 Aside from Mays' assurance that any verdict of conviction could be set 
 aside by reason of the operation of the statute of limitations, I took a peculiar 
 satisfaction in the further knowledge that but three of the ten entrymen had 
 used their real names in making their filings, and it would thus become a difficult 
 matter for the prosecution to maintain its case against us in the trial, as the 
 burden of proof would naturally rest upon the Government. 
 
 Page no 
 
Forest ranger's cabin on Minto Mountain 
 near Township 11-7 
 
 As the case progressed, we learned that J. A. W. Heidecke, the mountaineer 
 whom McKinley and I had employed to steer Special Agent C. E. Loomis and 
 Forest Superintendent Salmon B. Ormsby over the misleading trails throughout 
 the township, had turned against us and joined forces with the Government, 
 but we felt confident in our ability to produce witnesses who could be relied upon 
 to counteract any testimony that he might offer. We concluded that Heidecke 
 would be called to show that there were no cabins or other improvements on 
 the twelve claims under consideration, and that he had either inspected other 
 townships with Loomis and Ormsby, and pointed out the cabins therein as being 
 the ones in 11-7, or else that they had mutually agreed to dispense with the 
 trouble and expense incident to making the investigation, and had concocted a 
 scheme among themselves to make the affidavits appear as if they had made 
 personal examination of each claim. We prepared ourselves for such an emer- 
 gency, and relied upon our belief that one man's word would offset that of 
 another, and from a numerical standpoint, were satisfied that we held the advan- 
 tage, as Loomis and Ormsby would have to stand by us. 
 
 Our real fear was for the identity of Emma L. Watson, who had filed 
 tmder the name of Emma Porter, and the question arose in our minds whether 
 or not the prosecution would be able to establish the fact of their being the 
 same person. I felt that inasmuch as she had furnished cash bail, and had thus 
 avoided the necessity of affixing her signature to any bond, it would be impos- 
 sible for the other side to produce any documentary evidence bearing upon a 
 similarity in the two signatures. How far we were correct in our assumptions 
 may be judged when it is considered that the Government not only introduced 
 Mrs. Watson's deed to Frederick A. Kribs, conveying title to the twelve claims, 
 but numerous other samples of- her signature, all of which had been enlarged by 
 
 Page 141 
 
photographic process, so that the jury could readily perceive the similarity in 
 the two signatures without the corroborative aid of expert testimony. 
 
 A fortnight before the trial, McKinley and I had sent surveyors and others 
 conversant with timber lands to township 11-7, accompanied by one familiar 
 with the situation, and who was delegated by us to see that these prospective 
 witnesses would view the alleged cabins and improvements through "smoked 
 glass." In other words, they had purposely been shown cabins in other town- 
 ships that had no relation to those in 11-7, and being ignorant of the deception 
 that had been practised upon them, were prepared to testify in support of the 
 contention of the defense that the homestead laws in regard to improvements 
 and cultivation had been fully complied with. It was while we were in the act 
 of rehearsing their testimony for use at the trial that we became cognizant of 
 the fact that the Government had already sent A. W. Barber, an experienced 
 surveyor, and a clerk of the Division of Surveys in the General Land Office, 
 accompanied by a stafif of assistants, who had not only run out the lines of 
 each claim but had secured numerous photographs that indicated beyond any 
 question of doubt that the purported improvements and cultivation was a myth. 
 Under the circumstances we did not feel justified in placing our doctored testi- 
 mony in evidence for fear of disastrous consequences. 
 
 Much notoriety had already been given the case through the local press, 
 and as eminent counsel had been retained on both sides, the trial proved quite 
 a drawing-card, all available space in the courtroom being occupied by an expect- 
 ant throng, while the hallways and corridors of the Federal building were 
 jammed to their fullest capacity by an eager mass of humanity. 
 
 Less difficulty was experienced in securing the jury than was anticipated, 
 and after the opening addresses had been made by John H. Hall for the prosecu- 
 tion and Judge Thomas O'Day for the defense, the Government called Charles 
 B. Moores, then Register of the Oregon City Land Office, as its first witness, for 
 the purpose of identifying the homestead applications and other papers embraced 
 in the twelve entries. An objection to the introduction of this evidence was inter- 
 posed by Judge Pipes on the ground that the documents having been dated three 
 years prior to the indictment, were barred by the statute of limitations. The 
 discussion following the question of admissibility of this evidence consumed the 
 balance of the day, and resulted in the objection being overruled. 
 
 After the adjournment of Court, I learned that Congressman Binger 
 Hermann, ex-Commissioner of the General Land Office, was in the city in response 
 to a subpcena by the Government to appear as a witness, and I proceeded to call 
 upon him that evening at the Imperial Hotel for the purpose of ascertaining the 
 nature of the testimony he expected to give. Mr. Hermann assured me that he 
 was in the dark upon the subject, and in reply to my suggestion that perhaps 
 he had been called to identify Mrs. Watson as the woman who had appeared 
 before him at the General Land Office in Washington, D. C, at the time the 
 patents to the twelve homestead claims were expedited, coincided with my deduc- 
 tions. Whereupon I drew the inference that inasmuch as three years had elapsed 
 since the occasion of Mrs. Watson's visit to his office, it was not likely that he 
 would be able to identify her, and was pleased to observe that Mr. Hermann 
 was willing to admit that I was probably correct in this assumption also. 
 
 This was good news, for while I expected that the ex-Commissioner would 
 be found on our side all right, I hardly hoped that he would be able to forget 
 Mrs. Watson with such remarkable ease, especially as she had made repeated 
 visits to his office, and must have impressed him in various ways upon each 
 occasion. 
 
 I then called Mr. Hermann's attention to a talk I had just had with Mays, 
 in the course of which he had informed me concerning a telegram he had that 
 day received from Senator John H. Mitchell, stating, in efl^ect, that the latter 
 expected to reach Washington the next day, and would remain at the National 
 capital until the close of the approaching session of Congress. 
 
 Page 142 
 
Captain Salmon B. Ormsby, the forest superintendent, who made 
 
 misleading reports to the Commissioner of the General 
 
 Land Office, relative to the fraudulent 
 
 homestead claims in 11-7 
 
 Commenting upon this intelligence, Congressman Hermann expressed the 
 opinion that Senator Mitchell would carry out his plans as indicated, remarking 
 that by virtue of being a United States Senator he was permitted under the 
 statutes to exercise his own discretion in the matter of returning to Oregon in 
 obedience to any subpoena as a witness, and that, in such a trifling case as this 
 would prove to be, it was not at all likely he would consider it worthy his time 
 or attention. 
 
 Page 143 
 
This expression on the part of Mr. Hermann had the effect of reassuring 
 my confidence in our position, and I was much pleased over the result of my 
 interview. 
 
 At 10 o'clock the next morning, on the third day of the trial. Judge 
 William Galloway, of McjMinnville, ex-Receiver of the Oregon City Land Office, 
 was called to the stand for the purpose of identifying the final proof papers of 
 Emma Porter, and also to connect Emma L. Watson, who was in the courtroom, 
 as the person who had filed under the assumed name of Emma Porter. 
 
 He was positive in his identification of the title papers, but could not 
 swear that the lady who was pointed out to him as Emma L. Watson was the 
 one representing herself as Emma Porter at the time of making final proof. He 
 admitted, however, that there was a striking resemblance between the two. 
 
 H. F. Coleman, a clerk in the General Land Office at Washington, D. C. 
 identified all the original homestead papers connected with the twelve claims in 
 township 11-7 as having passed through his hands in their routine course. 
 
 Colonel A. R. Greene, Special Inspector, Department of the Interior, was 
 then placed on the stand to identify the papers as those intrusted to his care by 
 the General Land Office. While he was on the stand, Judge Pipes, of counsel 
 for the defense, objected to the line of testimony on the ground that it did not 
 tend to connect the defendants with any overt act as charged in the indictment 
 for conspiracy, and it was at this juncture that the Special Assistant to the 
 Attorney-General made his debut in the case with such dramatic results. 
 
 No sooner had Colonel Greene left the stand than the name of Binger 
 Hermann was called as the next witness for the Government. Instantly there 
 was a craning of necks as the well-known Land Commissioner ambled along in 
 his suave way and with uplifted hand, promised to tell the truth, the whole truth 
 and nothing but the truth, so help him God. 
 
 Mr. Heney assumed charge of his direct examination, and after some pre- 
 liminary questions handed Congressman Hermann for identification a letter that 
 had been addressed to him while he was Commissioner of the General Land 
 Office by Senator Mitchell, and was asked if he had any recollection of ever 
 having seen it before. After examining the letter judiciously through his glasses, 
 the witness declared that he could not recall ever having seen the letter before, 
 although he recognized the signature as that of Senator Mitchell. 
 
 Mr. Heney thereupon handed him a second letter which met the fate of 
 the first. He then asked the distinguished witness if there was anyone with 
 Senator Mitchell and Mr. Puter at the time they called upon him in Washington 
 for the purpose of expediting the patents to the twelve entries in township 11-7. 
 to which Hermann replied that they were accompanied by a woman. 
 
 The witness was then asked if he could identify the woman as one of 
 those sitting in the courtroom. 
 
 Hermann returned an evasive answer by stating that inasmuch as he had 
 only met the lady in his office but once, and she had made no impression on his 
 mind, he was unable to say whether the defendant was this woman or not. 
 
 He was then handed a third letter, also written by Senator Mitchell, upon 
 the same subject, but its introduction in evidence was objected to by the defense 
 on the ground that the writer was not present in court. As Mr. Heney had 
 failed in his effort to have the ex-Land Commissioner identify them, they were 
 temporarily withdrawn. 
 
 Judge Pipes then inquired why they had been submitted, to which the 
 Government attorney responded that he expected to identify them by Mr. Her- 
 mann, but failing in this, had decided to withdraw them until Senator Mitchell 
 could arrive, for whom, Mr. Heney stated, he would wire to Washington at once. 
 
 Mr. Heney hoped to have Mrs. Watson identified by Mr. Hermann, as 
 he also anticipated that the ex-Commissioner would identify the letters in ques- 
 tion, for the purpose of connecting her with the signing of the affidavit at Wash- 
 ington at the time of having the patents expedited. It will be understood, of 
 
 Page 144 
 
course, that the affidavit bore her signature written as "Emma L. Watson," in 
 full, as did the homestead application, filing and final proof blanks bear the signa- 
 ture "Emma Porter," written also by Mrs. Watson when she secured a claim in 
 township 11-7 under that name. 
 
 It became necessary, therefore, to establish Mrs. Watson's identity first; 
 to follow this with the identity of certain correspondence which had passed be- 
 tween Senator Mitchell and Commissioner Hermann, to prove her connection with 
 the claims referred to ; this to be followed by the introduction and identification 
 of the affidavit named, and finally, to introduce the original papers used by Mrs. 
 Watson in acquiring her claim under the name of Emma Porter, after which 
 there would be little or no difficulty experienced in proving the handwriting on 
 the affidavit and title papers identical, thus tending to establish the Government's 
 case against the accused. 
 
 Under the circumstances it will be seen that the point at issue was of vital 
 importance to the prosecution, and as Hermann had successfully withstood Mr. 
 Heney's inquisition — without taking his conscience into consideration relative 
 to telling the "truth, the whole truth, and nothing but the truth" — it became -a 
 matter of utmost importance to secure Senator Mitchell's appearance as a witness. 
 The telegraphic correspondence between Francis J. Heney and Senator Mitchell 
 on the subject of the latter's attendance as a witness for the Government in the 
 11-7 case follows : 
 
 Portland, November 24, 1904. 
 Hon. John H. Mitchell, 
 
 United States Senate, 
 
 Washington, D. C. 
 Was surprised on my arrival here to take up the prosecution of the Puter-Watson 
 land fraud case, to find you were not subpoenaed, and immediately made inquiries for the 
 purpose of intercepting you, and was informed you would reach St. Paul last Sunday morn- 
 ing, and wired U. S. Marshal there last Saturday to deliver message to you on Sunday 's 
 train. He wired that he failed to find you. It is vitally important for the prosecution to 
 prove by you that Puter and Watson delivered to you their certain affidavits, which you 
 sent to Commissioner Hermann, with your letter dated March 3, 1902, urging him to make 
 special the twelve cases of homestead entries referred to in the abstract attached to said 
 affidavit of Watson, and iirging consideration thereof without delay. Without your testi- 
 mony, the Government 's case may fail, and these guilty rascals go unwhipped of justice, 
 and I therefore urge you to treat this telegram as a subpoena, and to return immediately to 
 Portland, as a witness for the United States. The case will not be concluded before the end 
 of next week. Please wire when you will start, and oblige, 
 
 (Signed) FEANCIS J. HENEY, 
 
 Special Assistant to Attorney-General. 
 
 Washington, D C, November 25, 1904. 
 Hon. Francis J. Heney, 
 
 Assistant to the Attorney-General, 
 
 cjo Hon. John H. Hall, U. S. District Attorney, 
 Portland, Oregon. 
 
 Your telegram of yesterday reached me at 3 o 'clock today. It is the first intimation 
 I have had from any source that my testimony was desired in any of the prosecutions for 
 land frauds in Oregon. It was known by United States District Attorney Hall that I in- 
 tended to leave Portland for Washington City on the evening of November 1.5, and no 
 suggestion was made to me that my testimony was desired. I did pass through St. Paul 
 Sunday morning last, arriving there on the Northern Pacific train at 7:30 o'clock and leav- 
 ing on the Burlington at 8:20 o'clock for Chicago. Surely every opportunity was open to 
 have had me subpoenaed. Had this been done, L should have deferred leaving until the 
 trial was over, but it is simply impossible for me to leave here now. I will here state, and 
 possibly the attorneys for the defense may be willing to concede, that I would so testify 
 if on the stand, that the affidavits of Emma L. Watson and S. A. D. Puter, which were 
 forwarded by me to Commissioner Hermann in my letter of March 3, 1902, were handed me 
 here in Washington by S. A. D. Puter, on or about that date. At that time Mr. Puter 
 brought a letter of introduction to me from a prominent and reliable attorney of Oregon, 
 vouching for his reliability. This is my whole information in regard to the matter. Very 
 strong reasons being given why early action in the Land Department should be had, explains 
 my letter transmitting the affidavits to the Commissioner. 
 
 (Signed) JOHN H. MITCHELL. . 
 
 Page 145 
 
Hon. John H. Mitchell, Portland, November 26, 1904. 
 
 United States Senate, 
 
 Washington, D. C. 
 Defendants' attorneys refuse to admit truth of statements contained in your telegram 
 to me of yesterday. Your testimony is still vitally important to Government. United States 
 Attorney Hall did not consider your testimony important when you were here, but he now 
 agrees with me as to its materiality and great importance. What was the name of the 
 attorney who gave Puter the letter of introduction to you? Will you come, and when? 
 (Signed) PEANCIS J. HENEY, 
 
 Special Assistant to the Attorney-General. 
 
 Washington, D. C, November 26, 1904. 
 Hon. Francis J. Heney. 
 
 Special Assistant to the Attorney-General, 
 
 Portland. Oregon. 
 Telegram received. As I wired you yesterday, for reasons stated in telegram, it is 
 simply absolutely impossible for me to go to Oregon at this time. 
 
 (Signed) JOHN H. MITCHELL. 
 
 Portland, November 29, 1904. 
 Hon. John H. Mitchell, 
 
 United States Senate, 
 
 Washington, D. C. 
 You neglected to give me the name of attorney here who gave Puter the letter of 
 introduction to you. Please wire it imraediatelv, so that I can use him as a witness for 
 the Government, and oblige, (Signed) FEANCIS J. HENEY. 
 
 Special Assistant to the Attorney-General. 
 
 It is noteworthy that Senator Mitchell omitted to reply to this last telegram 
 from Mr. Heney. 
 
 While the defense had no knowledge of the telegraphic correspondence 
 as above indicated, we were convinced, because of the message received by Mays 
 from the Senator, and the opinion expressed by Congressman Hermann, that 
 the Senator did not propose to be forced into the case, if possible to avoid it, 
 and these telegrams fully corroborate this idea. The "prominent attorney" 
 referred to, as the reader will readily understand, was my old pal, Franklin 
 Pierce Mays. 
 
 Ex-Commissioner Hermann was not subjected to any cross-examination 
 by the attorneys for the defense, and when he left the wdtness stand, was excused 
 from further attendance. 
 
 He was followed by John Withycombe, chief draughtsman in the Surveyor- 
 General's office at Portland, who testified to having made a large map of town- 
 ship 11-7, which was introduced in evidence. It was about four feet square, and 
 exhibited the claims of the different homesteaders, besides the general topography 
 of the country as indicated by the field notes from the official Government survey, 
 as well as the Indian or "Minto Trail," which runs through the center of the 
 township. In addition, it showed the various courses pursued by the Government 
 agents while traversing the township in search of settlers' cabins and other 
 evidence of improvements. This big plat was placed upon an easel in plain view 
 of the jury, and was frequently used throughout the trial for their benefit. 
 
 After A. W. Barber, the next witness, had certified to the correctness of 
 the map, counsel for the opposing sides offered to consent to an adjournment over 
 Thanksgiving Day, but the jurors insisted that the case proceed. A compromise 
 was finally reached by the Court suggesting that a morning session should be 
 held, and this was agreed to. 
 
 The next morning Barber resumed the witness stand, and testified that 
 he was a surveyer and civil engineer by occupation, and had been in the Govern- 
 ment service for a number of years. He then proceeded to give full details of 
 a trip he had taken into township 11-7 for the purpose of making investigations, 
 accompanied by Robert G. Pierce, Benjamin Butler Pierce, Sebastian C. Dilley, 
 and Truman W. Pritts, all of whom had borne an equal share in ''packing" the 
 camp effects. This trip, Mr. Barber stated, was begun about June 14, 1904, and 
 completed within two weeks. 
 
 Page 146 
 
Government surveying party at Daly's cabin, June 24, 1904, prepared for an eighteen-mile tramp 
 
 to Detroit, after running out the lines of fraudulent homestead claims in 11-7. Reading 
 
 from left to right: Robert G. Pierce, A. W. Barber {chief of party) , Sebastian 
 
 C. Dilley, Truman W. Pritts and Benjamin Butler Pierce 
 
 The testimony of Mr. Barber relative to conditions in township 11-7 
 created a profound sensation in the courtroom, and the defendants were made tlie 
 cynosure of all eyes. Heney took up in rotation the final proof papers relating 
 to the twelve different homestead entries which had been introduced in evidence 
 on the preceding days, and through the witness laid the foundation for a complete 
 exposure of the whole fraudulent scheme to acquire title to the lands by process 
 of perjured testimony. 
 
 Harry C. Barr, at the time of making proof on the SW ^/4 of Section 24, 
 Tp. 11 S., R. 7 E., Willamette Meridian, had sworn that he had established a 
 residence on the claim in September, 1892 ; that his house, which was constructed 
 of logs, was 16x24, that he had also built a good barn, and had cultivated a few 
 acres of ground, all of which he valued at $400. He stated that he was absent 
 from the claim about four or five months each year for the purpose of earning 
 enough money to improve his place. As a reply to this testimony. Barber declared 
 that there was no road to Barr's Cabin, nor was there any cabin or barn on the 
 claim, or any indications of cultivation. He avowed, in fact, that the entire tract 
 was covered by a dense forest, without signs of human habitation of any sort. 
 
 Heney then read the testimony of Emma Porter, made at the time of 
 securing final certificate for the NE % oi Section 32. She claimed to have 
 
 Page 147 
 
established her residence on the land in October, 1892 ; that she had built a house 
 of logs, 20x20 feet, with four rooms and a woodshed, and possessed chickens, a 
 cow and good barn, worth in the aggregate $500. She testified further that she 
 had resided thereon most of the time since the house was erected, and had never 
 been absent more than three months at any one time, when she would go to 
 Portland and work to make a living in order to earn sufficient money to make 
 additional improvements to the homestead. 
 
 With reference to this claim, Mr. Barber testified that there was no cabin, 
 woodshed, barn, or anything, in fact, to indicate that it had ever been inhabited, 
 and went on to state that the land was near a creek, upon which four trees had 
 been cut, of which he desired to make particular mention, as it was the only 
 point on all the claims involved where there were any other marks than those 
 made by the surveyors. 
 
 Heney next read the testimony of Frank H. Walgamot, who claimed that 
 he had built a home in either September or October, 1892 ; that the house was 
 a good one, made of logs, and 16x25, that he had constructed a good road leading 
 thereto, and had also erected comfortable outbuildings, all of which he was 
 pleased to value at $500. Through the hot and dusty summer months, Walgamot, 
 who was a young dentist of Portland, with hands of such snowy whiteness as 
 to indicate that he had never been guilty of any hard work, had declared that he 
 earned a living in the harvest fields of the Willamette Valley, and during the 
 winter had trapped wild animals while he made his mountain fastness his home. 
 This recital brought forth considerable merriment from the crowd, and resulted 
 in the stylish young dentist being given the sobriquet of "Leather Stocking." 
 
 Barber's testimony relative to the Walgamot land was similar in general 
 characteristics to that in connection with the other claims : There was no evidence, 
 he said, to indicate that anybody had ever resided on the place, or even slept there 
 over night. 
 
 While the testimony of the different claimants was being read by Mr. 
 Heney, and as rapidly contradicted by the Government witness, the scene enacted 
 in the crowded courtroom was one that shall never become effaced from my 
 memory. The defendants were visibly affected, as this was the first time they 
 had been subjected to such a merciless grilling, and while they were writhing in 
 the agony of their tortured feelings, the spectators as if with one voice proceeded 
 to make merry at their humiliation, until the episode reminded me very forcibly 
 of the antics of a band of cattle, whose beastly instincts prompts them to gore 
 some stricken member of the herd. 
 
 Court adjourned at noon, and as we had arranged for a Thanksgiving 
 dinner at 2 o'clock in the afternoon, we felt it incumbent to carry out the plan, 
 although, as a matter of fact, it was anything but an enjoyable repast, haunted 
 as we were by memories of the trial. We all endeavored to put on a bold front 
 and appear jovial, but the presence of the "skeleton at the feast" was too much 
 to overcome, and nobody raised any serious objections when it was suggested 
 that we take our departure from the banquet hall. 
 
 Witness Barber was subjected to a rigid cross-examination by attorneys 
 for the defense in the effort to trip him up on some of his statements, as well 
 as to show the utter impossibility of his having covered so much territory by his 
 investigations in such a short space of time; but on the whole the bombardment 
 of questions had little or no effect upon the main facts, and his testimony was 
 corroborated in every essential particular by those who accompanied him on the 
 expedition. 
 
 In addition, John D. Daly, the United States Surveyor-General for Oregon, 
 told how he had lived for a number of years, during the summer months, on his 
 claim in Section 15, township 11-7, which he referred to as his mountain resort; 
 that the Minto trail — the only one in the township, and over which would neces- 
 sarily come all the travel — ran through his claim and directly in front of his 
 cabin ; that the claim was" located on a small prairie, where he had "squatted" 
 
 Page 148 
 

 some twelve years previously, in the hope that the Corvallis & Eastern railroad 
 v^rould eventually run through there and his location would make a good site for a 
 station. In all this time he had neither seen nor heard of the alleged home- 
 steaders. 
 
 William M. Brown, postmaster of Lebanon, Ore., and editor of the Cri- 
 terion, published at that place, testified as to the publication of the final proof 
 notices of the twelve homesteads in his paper. 
 
Edwin Hobson, of Eugene, was the last witness of the day. It will be 
 recalled that he was the person who had purchased the "Simpson" claim from 
 McKinley, mention of which transaction is made in another chapter. Some 
 months prior, and shortly before the 24-1 case was expected to come to trial, we 
 learned that Hobson was to be subpoenad as a witness for the Government, so 
 McKinley, with whom Hobson was on very friendly terms, prevailed upon him 
 to leave the State. During the summer, however, the Secret Service Department 
 succeeded in locating him, and he was promptly arrested and landed in the Mult- 
 nomah county jail at Portland, where he was obliged to remain several days 
 before being released on bail, to appear as a witness whenever the Government 
 wanted him. 
 
 Jail life was not exactly "Hobson's choice," by any means, but it served 
 to make a "Good Injun" of him, hence, notwithstanding the fact that he was on 
 the most friendly terms with McKinley, he was ready to tell the whole story of 
 his life from beginning to end, and more too, when placed on the witness stand. 
 In his eagerness to show his good intentions, and at the same time curry as 
 much favor as possible with the prosecution, he even went to the extent of answer- 
 ing questions before they were half asked. 
 
 Hobson admitted an acquaintance with Marie L. Ware, Horace G. Mc- 
 Kinley and Clyde D. Lloyd, but denied knowing me, although he stated that he 
 had received a letter from me concerning the business relations existing between 
 McKinley, Lloyd and himself. 
 
 Against the objections of the defense, deeds were introduced in evidence 
 exhibiting the transfer of all the fraudulent homestead claims to Emma L. Watson. 
 This was done for the purpose of connecting her with the conspiracy. Dan W. 
 Tarpley, one of the defendants, was the notary before wdiom all the deeds were 
 acknowledged. 
 
 Following this, a deed was admitted in evidence showing the transfer of 
 the entire twelve claims from Emma L. Watson to Frederick A. Kribs, aggregat- 
 ing 1,920 acres. 
 
 C. A. Wintermeyer, an attorney of Eugene; S. R. Williams, a real estate 
 dealer of the same place; M. B. Rankin, a timber locator of Portland; Fred 
 Poindexter and Mrs. Mary McDonald, keepers of hotels at Prineville, testified 
 as to the friendly relations existing between the defendants, the idea being that 
 on account of these close ties they would not hesitate to enter into a conspiracy 
 of the character before the Court. 
 
 Clyde D. Lloyd was the next witness. It will be remembered that he was 
 the young notary public who took the acknowledgment of Robert Simpson, a 
 fictitious person, in transferring a claim in 24-1 to Hobson. 
 
 His testimony merely corroborated other witnesses as to the business and 
 social relations existing between McKinley, Tarpley, Miss Ware, Mrs. Watson 
 and myself, and he was followed in quick succession by Mrs. Ella Graves, who 
 conducted an apartment hotise at 135 Tenth street, Portland, her husband, F. W. 
 Graves, a local music dealer, and Mrs. Frances Rodgers, of San Francisco, 
 formerly of Portland, who gave similar testimony. 
 
 At this point the Government switched the nature of its evidence, and 
 called George R. Ogden, a clerk in Division "P," of the General Land Office, who 
 identified all the papers connected with the twelve fraudulent entries as having 
 passed through his hands, and stated that under instructions from Commissioner 
 Hermann, he had directed Special Agent C. E. Loomis to investigate the status 
 of the various claims. 
 
 Mr. Ogden declared further, that being dissatisfied with the Loomis report, 
 he had authorized Captain S. B. Ormsby, at that time Superintendent of the 
 Cascade Range Forest Reserve, to make additional investigation pertaining to 
 conditions in township 11-7. 
 
 Mr. Heney then offered in evidence the reports of Special Agent Loomis 
 covering the twelve homestead entries, and despite the strenuous opposition of the 
 
 150 
 
Clyde D. Lloyd, whose petty controversy with 
 
 McKinley over money matters brought 
 
 on the Oregon land fraud 
 
 investigations 
 
 lawyers for the defense, they were admitted, their reading before the jury form- 
 ing one of the most interesting features of the case, as reveahng the depths of 
 fabrication to which trusted employes of the Government have been lured by the 
 glitter of land fraud gold. 
 
 In fact, during the course of argument on the admissibility of these reports, 
 Mr. Heney took occasion to score both Loomis and Ormsby in unmeasured terms, 
 and wound up his tirade of denunciation by declaring that the Government 
 expected to prove that these two men were as guilty as those on trial, and should 
 have been indicted with the other conspirators. 
 
 It is noteworthy that Ormsby was a member of the Federal Grand Jury 
 that returned the indictments against myself and associates in the 24-1 case, and 
 that both himself and Loomis have since been indicted for their part in the Oregon 
 land frauds. 
 
 As the reports of the two Government agents were similar in their general 
 characteristics, the contents of one furnishing a fair index of the whole twelve 
 fraudulent claims, I have selected their findings upon the "Nellie Backus" claim 
 as the standard, and present herewith the two reports in full, together with the 
 corroborative affidavits of Heidecke, Jacobs, and the two Thomas brothers, in 
 addition to claimant herself: 
 
 Report of Special Agent C. E. Loomis, of the General Land Office, upon the claim 
 of Nellie Backus, zvho made Homcsiead Entry No. 1318^, Oregon City 
 Land District. For making this report Loomis zvas paid $1,000 by Puter. 
 
 Name of Claimant — Nellie Backus. 
 
 Description of land covered bv filing or entry — E 5^ of SW Y^, and E ^ 
 of NW }i, Sec. 19, Tp. 11 S., R. 7'E., Willamette Meridian. 
 
 Date of examination — June 6, 1901. 
 
 Character of land — Timbered, agricultural land. Good soil. Not heavily 
 timbered. Would be fine agricultural land if cleared. 
 
 Page 151 
 
Character, extent and value of itnprovemcnts in detail — A log house, about 
 14x16, a small henhouse, a log barn about 12x14. About two acres near the 
 house cleared and seeded with tame grass. Evidences that a small garden has 
 been cultivated there. Another tract further from the house, of natural meadow, 
 has had the brush cut and burned and grass seed sowed but is now grown up to 
 brush again. 
 
 Considering that this entryman is a young woman, and hence had to hire 
 all of the work done, and the difficulty and expense of getting material packed 
 up there into the mountains, a fair estimate of the value of the improvements, 
 work upon trails, footbridges, etc., would be three or four hundred dollars, at 
 least. 
 
 Residence of claimant — From the best evidence which I can obtain, aside 
 from the affidavits herewith, by talking with those who may be supposed to know 
 about it, my conclusions are as follows: She established residence there July 18, 
 1892, upon unsurveyed land, being led to do so by the fact that the railroad was 
 surveyed through the township, and was being constructed within a few miles 
 of the claim, which brought a great many people there, and she could obtain 
 employment near the claim. She is a poor girl and works out for her living. 
 After the railroad was abandoned she was obliged to go out to the valley to work, 
 and she for some years put all of the money that she could earn into improve- 
 ments in the way of clearing, etc., upon the claim. She expected to be able to 
 make proof soon after the survey in 1896, but the survey was not accepted until 
 1900, and she has neglected her improvements, but retained possession of her 
 claim, in the face of great obstacles, by going there as frequently as those for 
 whom she worked would permit, and has remained each time as long as she 
 could. The abandoning of the railroad has so changed conditions in the township 
 that she could not make a home there for herself, now, and she has since final 
 proof sold it. Was legally qualified. 
 
 Names of witnesses — J. A. W. Heidecke, Detroit, Ore. 
 L. Jacobs, " " 
 
 I Reliable 
 
 Do not stand so 
 
 well among their 
 
 William Thomas, " " ) neighbors, but no 
 
 Charles Thomas, " " ^ reason that they 
 
 should not be giv- 
 en credence. 
 
 The affiant Heidecke is a typical mountaineer ; went to the vicinity in 
 1890, took up a homestead and lived upon it a few miles from this claim ; has 
 ranged those mountains ever since ; knows every trail and every settler, and has 
 visited their claims very frequently. His evidence is reliable. 
 
 The affiant Jacobs keeps the store and hotel where they had to go for 
 supplies, and to stop in passing back and forth, and while he cannot give dates 
 and particulars, his evidence is strongly corroborative and is reliable. 
 
 The witnesses Thomas do not stand well in the community, and if standing 
 alone, their evidence would not be satisfactory ; but if called as witnesses at a 
 hearing their testimony would be as indicated, and there would be no reason for 
 excluding it. I avoided taking affidavits from the other entrymen, and obtained 
 evidence as far as possible from disinterested parties. 
 
 Heidecke's homestead is in Sec. 36, Tp. 10 S., R. 7 E. 
 
 Was the fraud ivillful? — No. 
 
 Have any legal proceedings been instituted? — No. 
 
 Action recommended h\ Agent — That the entry be sustained. 
 
 Dated at Oregon City^ June 25, 1901. 
 
 C. E. Loomis, 
 Special Agent. General Land Office. 
 
 Page 152 
 
Affidavit of Nellie Backus — (in Loomis' handwriting) — Nellie Backus, 
 being duly sworn, deposes and says : My P. O. address is Salem, Or. ; further, 
 I am the identical person who made H. E. No. 13185, F. C. No. 6268, for the 
 E 3/2 NW M and E i^ SW >^, Sec. 19, Tp. 11 S., R. 7 E., W. M. I located my 
 claim and put up notices, it being unsurveyed land, on July 18, 1892; I hired 
 two men to build me a log house 14x16, and went there to live very shortly 
 after the date above given; in 1893 I raised all of the vegetables that I needed, 
 and have done the same every summer since then ; in 1894 I built a small barn 
 about 12x14, and a hen house; I have two acres cleared and in cultivation, and 
 I have some more of the land with the brush cut off and seeded with grass ; 
 with the exception of about three months in the winter, when the snow is very 
 deep, I have lived upon my place almost continuously ; I have never been away 
 from my place more than 40 days at a time since locating there except in winter, 
 as above stated ; during the winter months I went to Salem and Portland and 
 worked for a living ; I am unmarried, and could not get a living upon the claim ; 
 my absences have been only temporary, and for the purpose of earning a living. 
 I value my improvements at about $500. They cost me more than that. 
 
 (Signed) Nellie Backus. 
 
 Subscribed and sworn to March 19, 1901. 
 C. E. Loomis, 
 
 Special Agent, G. L. O. 
 
 Affidavit of J. A. W. Heideckc — J. A. W. Heidecke. being duly sworn, 
 deposes and says : My P. O. address is Detroit, Ore. ; I have lived there since 
 1890; I am well acquainted with Nellie Backus, and with her H. E. No. 13185, 
 the E. lA N. W. ]4, and E. >^ S. W. ^, Sec. 19, Tp. 11 S., R. 7 E., W. M. ; I have 
 a ranch about six or eight miles from there, where I live a portion of each year; 
 I know that she located upon her claim in the summer of 1892, and has made 
 her home there from that date to this ; she is single and poor, and has to work 
 for her living, and has left her claim temporarily for this purpose several times, 
 but has never abandoned it, but went there as her home when not thus employed, 
 and at frequent intervals; she built a log house about 16x18, a barn about 
 12 feet square, and a henhouse ; she had four or five acres cleared, and cultivated 
 and sowed with grass seed ; this is now neglected and grown up with brush to 
 some extent ; the abandoning of the railroad, and the long delay in the surveying 
 of the land has been a great hardship to her, as well as to all the other settlers, 
 and has greatly hindered and discouraged her, and has caused the neglect of 
 the improvements, as she, with many others, have been very doubtful abeut ever 
 being able to obtain title ; since the survey she has done what she could to get 
 her improvements into better condition ; she has done the best that she could in 
 her circumstances. (Signed) J. A. W. Heidecke. 
 
 Subscribed and sworn to June 18, 1901. 
 C. E. Loomis, 
 Special Agent, G. L. O. 
 
 Charles Thomas and William Thomas, being duly sworn, depose and say, 
 each as follows : My P. O. address is Detroit, Ore. ; I am well acquainted with 
 Nellie Backus, and have heard the accompanying affidavit of J. A. W. Heidecke 
 regarding her homestead entry ; I know the circumstances, and know the state- 
 ments therein to be true. 
 
 his 
 (Signed) Charles X Thomas, 
 
 mark 
 his 
 William X Thomas. 
 Subscribed and sworn to June 18, 1901. mark 
 
 C. E. Loomis, 
 Special Agent, G. L. O. 
 
 Page 153 
 
Snowdrifts on Thomas Wilkins' claim in 11-7. It is at this point the entryman 
 
 claimed to have grown strawberries. The above 
 photograph was taken in June 
 
 Affidai'it of L. Jacobs — L. Jacobs, being first duly sworn, deposes and says : 
 My P. O. address is Detroit, Ore. ; I have lived there since 1890, and am engaged 
 in keeping a general store and hotel; I am well acquainted with Nellie Backus, 
 who made Homestead Entry No. 13185 for the E Yi NW y^ and E>^ SW yi. 
 Sec. 19, Tp. 11 S., R. 7 E., W. M., and I know that she located there in the 
 summer of 1892, and has made her home there from that time to this; she is 
 single and has to work for her living, and has worked out at times when she 
 could get employment, for this purpose, but has gone to her claim as her home 
 when not thus employed ; she had to come to Detroit for supplies, and in passing 
 back and forth to and from her claim, and I have frequently seen her upon such 
 occasions; she has never abandoned her claim, and has done the best she could; 
 I know nothing about the improvements. 
 
 (Signed) L. Jacobs. 
 
 Subscribed and sworn to June 18, 1901. 
 
 C. E. Loomis, 
 Special Agent, G. L. O. 
 
 Report of Forest Superintendent S. B. Ormsby on the Nellie Backus Homestead 
 Claim, for Which the Government Official Was Bribed by P'Mer to the 
 Extent of $300. 
 Date of examination. — January 14, 1902. 
 
 Page 154 
 
Character of land. — About two-thirds of this claim has timber of medium 
 density. The remainder is hghter. The western portion is rough, and the creek 
 runs through a smaU canyon. One-half the claim would be fit for agriculture if 
 cleared. 
 
 Character, extent and value of improvements. — Log house, about 14 x 16 ; 
 another small building used as a henhouse, and stable about 10 x 12. Buildings 
 were substantial when built, and evidently made to be permanent. A tract of 
 about 2 acres had been cleared, which included a small garden, and the remainder 
 sowed to grass. Another tract of about one acre had been cleared, but now over- 
 grown with brush. The premises have not been occupied for some time, and have 
 been somewhat neglected. It seems she made the improvements herself, and as 
 everything had to be packed on horseback from Detroit to the claim, a distance of 
 not less than 22 miles, these improvements must have cost not less than $200 or 
 $250. 
 
 Residence of claimant. — The fact that the claimant, after being compelled 
 to forego a continuous residence on the land, did use a part of her earnings in 
 making improvements thereon, seems to show good faith on her part in maintain- 
 ing a residence. The evidence is that she entered on the land in July, 1892, and 
 resided there continuously until the Fall of 1894, when she was compelled to 
 leave to obtain work elsewhere. She seems, however, to have spent her earnings 
 when away in improving the land. She is not the head of a family. Was known 
 in the neighborhood of the claim, and was qualified to make the entry. 
 
 The claimant seems to have acted in good faith throughout, and I think 
 this entry might be sustained. 
 
 (Signed) S. B. ORMSBY, 
 Forest Superintendent, General Land Office. 
 
 The affidavits of J. A. W. Heidecke and L. Jacobs, accompanying the fore- 
 going report, are similar in character to those they made for Loomis. 
 
 The amusing feature of the two reports — wherein both Government agents 
 describe the claimant as a hard-working girl — exists in the fact that she is, in 
 reality, one of the most stylish and refined young women of the West, with hands 
 and features to indicate that she never performed any drudgery in her life. 
 
 She assumed the name of "Nellie Backus" for the sake of convenience, 
 and she appeared personally before Special Agent Loomis when she made the 
 affidavit that told of her struggles in the backwoods to win a home from the 
 forest. Any honest official could have seen at first glance that she was falsifying, 
 but then Loomis is excusable on the plea that "suthin' got in his eyes." 
 
 The so-called "Nellie Backus" was never any nearer township 11-7 than 
 Albany, Or., fully 100 miles distant, and neither of the Government agents were 
 ever on her claim, or those of the other homesteaders. No efifort was ever made 
 to erect improvements of any kind on the land, which, like all the fraudulent 
 claims, was entirely unfit for cultivation, and heavily covered with a dense growth 
 of timber, besides being- rough and mountainous. 
 
 Her real name was Nellie Gilbert at the time she filed her homestead entry 
 as Nellie Backus, and she was then a resident of Portland. She afterward 
 married Elbert K. Brown, the son of a wealthy Eugene hopgrower. In conjunc- 
 tion with Forest Superintendent Salmon B. Ormsby, Special Agent Clark E. 
 Loomis, William H. Davis (Mayor of Albany, Ore.), Henry A. Young, George 
 Sorenson, Binger Harmann, Horace G. McKinley, Emma L. Watson, Dan W. 
 Tarpley, Frank H. Walgamot and myself. Brown and his wife were indicted by 
 the Federal Grand Jury of Oregon on December 27, 1904, for the part they took 
 in the 11-7 frauds, but the case has never been tried. 
 
 After George R. Ogden had been recalled for the purpose of identifying 
 the Ormsby report, Mr. Heney then brought out the letter written by Senator 
 Mitchell to Commissioner Hermann, in which were enclosed the affidavits of 
 Emma L. Watson and myself, pertaining to the 12 fraudulent homestead claims. 
 
 Page 155 
 
George R. Ogden, Clerk of the 
 General Land Office 
 
 Ogden admitted that the letter and affidavits had much to do with the 
 issuance of patents. 
 
 A. S. Dresser, Register of the Oregon City Land Office, was the next 
 witness and produced the original patents issued upon the homestead entries of 
 Mattie S. Lowell, William McLaughlin, A. O. Austin, J. R. Foster. James Wake- 
 field, Christie E. Langham and James A. Taylor. These documents were offered 
 in evidence, Mr. Heney stating that, although they had not been deeded to Emma 
 L. Watson, he expected to prove that the patents had been fraudulently obtained 
 by the defendants to tracts of land in township 11-7. 
 
 As I had never heard of any such persons as those whose names had just 
 been mentioned, nor had I any knowledge of their filings in township 11-7, the 
 introduction of these documents in evidence came as a great surprise to me. 
 McKinley, also, disclaimed any knowledge of the entries, whereupon our attorneys 
 interposed an objection, but as usual it was overruled. Heney's contention being 
 that he proposed to prove that the seven patents were secured through fictitious 
 entries ; that the claims, after final proofs had been made, were transferred to 
 George A. Howe, a fictitious person, thence to Horace G. McKinley and by the 
 latter relinquished to the Government in making selection of other lands, which 
 McKinley had sold to an innocent purchaser. Certified copies of the deeds con- 
 veying the lands embraced in the seven fictitious entries to Howe, were next in- 
 troduced in evidence, and as another link in the chain, the prosecution introduced 
 a deed from Howe to McKinley, Dan W. Tarpley, as a notary public, having taken 
 the acknowledgement in transferring the lands to McKinley, without the affiant 
 being present in person, as set forth in the jurat. 
 
 Page 156 
 
J. H. Booth, Receiver of the Roseburg Land Office, testified to an acquaint- 
 ance with McKinley covering a period of five years. He also identified the forest 
 reserve selection that had been filed by Howe based on lands in township 11-7, 
 and this application was likewise identified by Special Inspector A. R. Greene, of 
 the Department of the Interior, besides H. J. Coleman and George R. Ogden, 
 clerks in the General Land Office. 
 
 It was evident the prosecution concluded that the jury was tired of the 
 monotony entailed by the introduction of so much similar testimony, as Miss Ella 
 Wyman, of Chicago, was placed on the stand. She testified to being the proprie- 
 tress of a private boarding house on Dearborn Avenue, Chicago, and that in 
 March, 1904, Mrs. Watson had engaged a room at her establishment under the 
 name of Mrs. Porter, remaining several days, or until arrested by Captain Porter, 
 of the Government Secret Service. 
 
 Andrew Jackson, a colored porter in the employ of Miss Wyman, corrobo- 
 rated her testimony. 
 
 Next in turn was Captain Thomas I. Porter, of Chicago, who had been 
 connected with the Secret Service of the Treasury Department for 18 years. He 
 testified to having "shadowed" me through the streets of Chicago and to my 
 room at the Grace Hotel, where I was registered under my real name. Later, 
 while I was delivering a telescope basket to Mrs. Watson, he had followed me 
 to her boarding house, and in that manner had discovered her whereabouts. Her 
 arrest followed the next morning. 
 
 George B. McLeod, treasurer of the Astoria Company, of Portland, 
 recounted certain business dealings with McKinley and myself, stating that he 
 had arranged to purchase the 12 claims in township 11-7 from me at $5 per acre, 
 but delivery of title was not made to him, as I had informe<:l him that transfer 
 thereof had been made to another person. 
 
 Frederick A. Kribs was the next witness, and testified to an acquaintance 
 with me of several years' standing, and of various land transactions with me; 
 that he also knew Mrs. Emma L. Watson, from whom he had purchased the 12 
 claims in township 11-7, upon which the defendants were being tried. 
 
 Frank E. Alley, a searcher of records of Roseburg, Ore., identified a plat of 
 township 11-7 as one that he had made for McKinley. 
 
 After M. B. Rankin had been recalled to testify relative to land deals had 
 with McKinley, Tarpley and myself. Court adjourned until the following morning 
 at 10 o'clock. 
 
 W. A. Richards, Commissioner of the General Land Office at Washington, 
 D. C, who was Assistant Commissioner during Hermann's administration, was 
 called to the witness stand on Tuesday morning, and identified the letters received 
 by Binger Hermann from Senator Mitchell, together with the affidavits of Mrs. 
 Watson and myself in support of the 12 claims. These were the same that 
 Hermann had failed to identify while on the stand. 
 
 Commissioner Richards not only remembered the circumstances attending 
 the presentation of these papers to Hermann, but he was positive in his identifica- 
 tion of Mrs. Watson and myself as the persons who had been introduced to him 
 by Senator Mitchell, and with whom he had talked with reference to expediting 
 the patents to the 12 claims. Had Binger Hermann identified these letters and 
 affidavits while on the stand, it would not have been necessary for Mr. Richards 
 to cross the continent for that purpose, and it might be stated that had we 
 known in advance of Mr. Heney's determination to establish the identity of the 
 papers named, we should have much preferred that Hermann would have been 
 less forgetful, and in all probability, at the time I visited him at the Imperial 
 Hotel, I should have coached him along different lines than the ones pursued by 
 my suggestions to him at the time. Mr. Richards' testimony was in all truth the 
 most damaging offered against the defendants up to this time, and he was per- 
 mitted to go without cross-examination. 
 
 Page 157 
 
Government Surveyor Barber identifying a cornerstone in 11-7, at which point 
 
 three of the fraudulent claims cornered 
 
 Edward Meeker, County Recorder of Linn County, Oregon, testified to the 
 fact of McKinley having paid the recording fee on the George A. Howe rehn- 
 quishment to the Government at the time the forest reserve selection was made in 
 his name. 
 
 B. M. Payne, County Cerk of Linn County, identified an abstract of title 
 made for the George A. Howe lands, and testified that McKinley had ordered and 
 paid for the same. 
 
 Charles Pfeift'er, proprietor of the Albany Hotel, identified the signature 
 of McKinley on his register of November 18 and 19, 1901, at which time McKin- 
 ley visited Albany for the purpose of securing the abstract from B. M. Payne. 
 
 Receiver Booth, of the Roseburg Land Office, was recalled, his evidence 
 going to show that certain papers being missing from the George A. Howe forest 
 reserve selection, he had communicated with the latter at the address given, and 
 had failed to receive any response. This testimony was introduced for the 
 purpose of showing that Howe was a fictitious person. 
 
 Clyde D. Lloyd was also recalled and identified the writing of myself by 
 letters which he had received from me in the course of business transactions. As 
 it was known to our attorneys that Lloyd had secured the appointment as a notary 
 public in order to take the acknowledgments of bogus applicants for Government 
 
 Page 158 
 
lands, including the claims of fictitious homesteaders, it was not deemed expedient 
 to cross-examine him too closely as he was known to have turned traitor in order 
 to save his own scalp, hence his testimony could not be of any particular bene- 
 fit to us. 
 
 W. A. Holt, assistant cashier of the Wells-Fargo bank, of Portland, was 
 the last witness of the day. He identified my handwriting, with which he was 
 familiar, in several of the homestead final proofs, and also the signature of Emma 
 Porter as that of Mrs. Watson. 
 
 On Wednesday morning, November 30, J. T. Bridges, Register of the 
 Roseburg Land Office, was called for the purpose of proving the mythical charac- 
 ter of George A. Howe. 
 
 The testimony of Robert B. Montague, the next witness, was of a most 
 sensational nature. For several years he had served as deputy clerk of Linn 
 county. Up to this time neither McKinley or Tarpley had been brought with 
 any degree of prominence into the case, but had become obscured in a way by the 
 flood of startling developments that had come to the surface in other directions. 
 With the advent of Montague, however, it was their day to shine. 
 
 After acknowledging an acquaintance with McKinley, Tarpley, Marie 
 Ware and myself covering a period of five years, he testified that during the Fall 
 of 1900 he had entered into a contract with McKinley and Tarpley whereby he 
 was to receive $100 for each person who would file and make final proof on a 
 homestead entry before him, it being understood that McKinley and Tarpley were 
 to produce the entrymen ; that they had caused 6 persons to so appear, who had 
 filed and made final proof on claims in township 11-7; that he had received from 
 McKinley and Tarpley all moneys to cover office fees for the filings and final 
 proofs, and that he knew the entrymen appearing before him had not used their 
 right names. This testimony related to the 12 entries in 11-7 concerning which 
 I was familiar. 
 
 Montague then testified further that, a few weeks after the filing of the 6 
 entries referred to, he had entered into a private arrangement with McKinley, 
 whereby it was planned to use fictitious names in securing additional claims in 
 the now- famous township 11-7; that he furnished the necessary blanks to AIc- 
 Kinley, who in turn caused them to be filled out in the most promiscuous fashion, 
 and in this way the names of Mattie S. Lowell, William McLaughlin, A. O. 
 Austin, J. R. Foster, James Wakefield, Christie E. Langham and James A. Taylor 
 had been obtained to the blank homestead applications, the body thereof being 
 afterwards filled in by the two conspirators, after which the documents were filed 
 before Montague, as he had such authority by virtue of his office as Deputy Clerk. 
 
 After the bogus proofs had been made, all the papers were forwarded to the 
 Roseburg Land Office, where final certificates were issued and returned to Mon- 
 tague. The latter testified also that himself and McKinley had caused deeds to be 
 executed, conveying the claims to George A. Howe, a fictitious person, who in turn 
 had relinquished the claims to the Government in lieu of other lands, which were 
 sold by McKinley and Montague to innocent purchasers for their mutual benefit. 
 
 I was more than surprised to learn of the facts developed by the testimony 
 of Deputy Clerk Montague, as this was the first intimation I had that he was 
 familiar with the fraudulent character of our operations in township 11-7, Mc- 
 Kinley never having mentioned to me the subject of his relations with the crooked 
 official. It proved conclusively that McKinley, my old partner in wickedness, had 
 given me the "double-cross," and when I turned to him for an explanation I found 
 him the picture of despair. 
 
 Before Montague had gone on the stand, McKinley had been engaged in 
 affable converse with those around him, but as soon as the denouement had taken 
 place, I found him with his chin sunk so deep upon his waistcoat that it almost 
 touched the lower buttons. He would not talk, and his reply to my inquiry as 
 to what it all meant was merely a shake of the head, as he bowed still further 
 forward to hide the torture depicted in his countenance. 
 
 Page 159 
 
As for Montague, it is safe to state that he presented the most abject 
 appearance of any that had thus far been called to the witness stand. Remorseful 
 and hollow-eyed, full of contrition, with blanching features and quivering voice, 
 and eyes that constantly sought the floor, he had told the story of his downfall and 
 shame, and it had become part of the history of the fraudulent transactions. He 
 was not cross-examined, as our attorneys thought he had been punished enough. 
 
 W. F. Hammer, Clerk of Linn County during 1901-2, testified that he had 
 no knowledge of the fact that his deputy was signing his name to papers other 
 than those of a legitimate character. He corroborated Montague in regard to the 
 signatures. 
 
 ]\Iiss Minda McCoy, stenographer in the office of the Linn County Abstract 
 Company, who knew McKinley, remembered having furnished him with the 
 abstract for the George A. Howe claims. 
 
 Colonel A. R. Greene was recalled, and related the incident connected with 
 his interview with Dr. Frank H. Walgamot at the time he called upon the latter 
 for the purpose of securing a statement from him relative to his homestead entry 
 in township 11-7. The Colonel declared that Walgamot had informed him that 
 one of his witnesses, Charles Burley, was in California, while the other, Joseph 
 Wilson, was the newsboy on a Southern Pacific train, and investigation had 
 proven the so-called "Joseph Wilson" to be none other than Thomas R. Wilson, 
 chief clerk of the State Penitentiary at Salem. ■ 
 
 When Colonel Greene was excused from the stand. Air. Heney called for 
 Thomas R. Wilson, but it was found that he was not in the courtroom, and it was 
 discovered later that John H. Hall, for some reason known only to himself, had 
 excused the witness some two days previously. It was evident that Mr. Heney 
 was considerably displeased on account of the absence of Wilson, but so far as 
 McKinley and myself were concerned, we were perfectly indifferent about it, as 
 we had seen and talked with Wilson but a few days before, and he assured us of 
 his intention to "stand pat," no matter what the consequences might be. 
 
 Special Agent Edward W. Dixon, of the General Land Office (at present 
 chief of Field Division No. 3, comprising the State of Washington and a portion 
 of Idaho), corroborated Colonel Greene with reference to occurrences in Dr. 
 Walgamot's office. 
 
 John P. Marshall, who claimed to be cashier of the Ainsworth National 
 Bank, of Portland, and to be a handwriting expert of vast experience, was the 
 next witness. By the aid of enlarged photographs of the signatures taken from 
 the bonds, and filed with the Court as a standard, he compared the signatures of 
 Emma L. Watson, Marie L. Ware, Horace G. McKinley, Dan W. Tarpley, Frank 
 H. Walgamot and myself with those attached to the filing and final proof papers 
 of the fraudulent homestead entries in township 11-7. This self-constituted "wiz- 
 ard of penmanship" declared that the signature of Joseph Wilson had been forged 
 by Horace G. McKinley; that the names of George A. Graham and George L. 
 Pettis had been foro-ed by Marie L. Ware and Horace G. McKinley, who had 
 used the handwriting of Miss Minda McCoy, of the Linn County Abstract 
 Company, as a standard for operation; that the names of Emma Porter and 
 Emma L. Watson, in his opinion, were written by the same hand ; that George A. 
 Howe's signature, as well as that of Thomas Wilkins and Joseph Wilson, had been 
 written by McKinley, while the body of the testimony in the final proof of the 
 Maud Witt entry had been written by myself. 
 
 Our attorneys literally made a monkey of Marshall under cross-examina- 
 tion, developing the fact, much to his discomfiture, that the self-styled expert of 
 long experience, had been, at one time, connected with the Ainsworth National 
 Bank, and had, indeed, been privileged, while in the bank's employ, to stand within 
 the wicket of the cashier's department, much in the same capacity that the janitor 
 or porter might have been there, but not, indeed, as cashier of the institution. He 
 had, nevertheless, drawn upon his imagination to the extent that, because of 
 having touched the garments of his superior, he believed that the raiment belonged 
 
 Page 160 
 
Robert B. Montague, the crooked Deputy County Clerk of Linn 
 
 County, Oregon, who, for obvious reasons, is now 
 
 sojourning in Honolulu 
 
 properly to himself, and was pleased, therefore, to assume the title. This probably 
 gave him the idea that he was a marvelous expert in handwriting ; but as a matter 
 of fact, a 10-year-old schoolboy forgot more every night on the subject than 
 Marshall ever knew in his life. It was developed further, that this man had not 
 even been in the bank's employ for something like six years, and that, in the mean- 
 time, he was playing baseball for a living and was connected with one of the 
 local teams. It will be shown later to what extent his knowledge went as a hand- 
 writing expert. 
 
 J. F. Shearman, Deputy Clerk of tlTe United States District Court, of 
 Wichita, Kas., was also placed on the stand by the Government as a handwriting 
 expert, and he proved to be a second edition of the preceding witness, so far as 
 gleams of intelligence were concerned. 
 
 Shearman gave it as his opinion that the signatures of Maud Witt were 
 made by Dan Tarpley, and that those of Joseph Wilkins, Thomas Wilson and 
 George A. Howe were executed by McKinley ; also that Emma L. Watson signed 
 the name of Emma Porter, while Mattie S. Lowell's signatures were wTitten by 
 Marie L. Ware. 
 
 Page 161 
 
Counsel for the defense subjected Shearman to a g-ruelhng cross-examina- 
 tion, (hiring- which he became greatly confused, and at times experienced consider- 
 able difficulty in extricating" himself from perilous positions. Had we so desired, 
 it could have been proven that the two handwriting experts of the Government 
 were entirely incompetent, so far as their general deductions were concerned, but 
 of course, we were in no position to discredit them at that time without exposing 
 our own weakness. Now that the case is over, however, and there is no longer 
 any necessity for concealing the identity of the real signers of the different 
 fraudulent papers. I have no objections to making them public. 
 
 The signatures of Joseph Wilson and Thomas Wilkins were made by 
 Thomas R. \\'ilson. who had made proof on two separate claims. Both the 
 Government handwriting experts had attributed these signatures to Horace G. 
 McKinley. 
 
 The name of George A. Graham was signed by Henry A. Young, a clerk 
 under Secretary of State Kincaid, of Salem. Oregon. Young had filed on two 
 claims under his own name and that of Graham. 
 
 George L. Pettis was signed by Walter Palmer, and not by McKinley, 
 the experts to the contrary notwithstanding". Palmer was a logger. 
 
 The name of Zenas K. Watson was signed by Basil H. Wagner, a well- 
 known resident of Salem. 
 
 George A. Howe's signature was made by Guy Huff, a bartender of 
 Eugene. Oregon. Huff' was afterwards indicted for his connection with land 
 frauds. 
 
 The signature of Aland Witt was by herself, and not by Tarpley, as 
 contended by the experts for the Government. She was a resident of Portland 
 at that time. 
 
 The name of Mattie S. Lowell was sig"ned by Maud Coffin, a well-known 
 young lady of Portland, who had no idea as to the purpose for which it was being 
 used. Marie W'are had nothing whatever to do with the writing of this name. 
 
 The only signature, in fact, upon which these so-called experts rendered a 
 correct opinion, was that of Emma Porter, which had been written by Emma L. 
 Watson, who had made no attempt to disguise her handwriting. 
 
 Properly speaking", these handwriting experts were imposters of the rankest 
 kind, and in their employment to pass judgment upon signatures, the Government 
 was buncoed out of every cent paid them. 
 
 After Marshall and Shearman had given their testimony, the prosecution 
 resumed the introduction of other evidence, and placed J. A. Wilson, manager of 
 the Dennison News Company, on the stand to prove the identity of Thomas R. 
 Wilson, who had been a newsboy in the employ of the witness at the time he filed 
 the fraudulent claims. 
 
 John ]^I. Keith, proprietor of a restaurant in Portland, was called to prove 
 Walgamot's continuous residence in Portland during the period it was alleged he 
 was living on his homestead claim in 11-7. He testified that Walgamot had been 
 employed as a waiter in his establishment at one time. 
 
 L. Jacobs, of Springfield, Oregon, but formerly of Detroit. Oregon — better 
 known as "Accommodating Jakey," because of his readiness to "accommodate a 
 friend," as he used to put it, through the signing of any old paper that might be 
 presented to him — was the next witness called to the stand. 
 
 He testified that he had been in the general merchandise business at Detroit 
 for several years, and that he had been imposed upon by both Special Agent 
 Loomis and Forest Superintendent Ormsby when they induced him to attach his 
 signature to the false affidavits embodied in their respective reports. 
 
 During the cross-examination of "Accommodating Jakey," the Hon. A. C. 
 Woodcock, of Eugene. Oregon — who had been paid $1,500 to assist in the defense 
 of Miss Ware and Tarpley, and who, by the way, was regarded in the community 
 wdiere he resides as the greatest legal light since Daniel Webster, Henry Clay, 
 Demosthenes, or the rest of the bunch — aroused himself from his customary siesta, 
 
 Page 162 
 
Maud Witt, one of the bogus 
 homesteaders in 11-7 
 
 which had been continuous from the beginning of the trial, and ventured to say a 
 thing or two. When Jacobs admitted having signed the papers for Loomis and 
 Ormsby, the spell which had bound Attorney Woodcock seemed to have been 
 suddenly broken, and he emerged from the dream long enough to ask the witness 
 "if he was not aware that it was a serious offense to make a false affidavit." After 
 which, he waited long enough to get the witness' reply, who stated that, "under 
 the circumstances, he thought he was doing the right thing." When Woodcock, 
 with the wisdom of a Solomon remarked, "that's all," and falling back into his 
 chair, relapsed into everlasting silence, while great globules of condensed wisdom 
 could be observed separating themselves from the triple expansion machinery of 
 his mind. Walter W. Thackery, clerk of the Roseburg Land Office, identified the 
 George K. Howe papers which had passed through the land office in the usual 
 course of title. 
 
 Miss Maud Coffin, of Portland, was the next witness called, but for what 
 purpose was not developed, as it was shown that she had no knowledge of the 
 case at issue, and the Court sustained an objection from counsel for the defense. 
 
 U. Grant Scott testified to having known Frank H. Walgamot for the past 
 11 years, and that he had resided in Portland all that time. 
 
 Page 163 
 
F. S. Skiff, a local dentist, testified that W'algamot had studied dentistry in 
 his office, but could not say whether or not he had lived in Portland after discon- 
 tinuing with him. 
 
 The last witness of the day was Miss M. A. Aiken, who was called to prove 
 Walgamot's continuous residence in the city, as he had lived at her house. 
 
 On Friday morning-, December 2, J. A. W. Heidecke, the star witness of 
 the trial, was placed on the stand by the Government. He testified to a residence 
 of several vears at Detroit, and claimed to have assisted in making the Govern- 
 ment survey of township 11-7; that he knew all the settlers thereabouts, but had 
 never seen or heard of any of the 12 entrymen involved in the case at issue; that 
 he knew Dan W. Tarpley, S. A. D. Puter and Horace G. McKinley ; that Tarpley 
 prevailed upon him to go to Albany, where he was introduced to Puter, who 
 employed him to ascertain, if possible, the source of the complaint relative to the 
 fraudulent homestead entries in township 11-7; that he had accepted this employ- 
 ment, but had failed to secure the desired information ; that he met Puter again 
 at Albany by appointment, agreeing upon this occasion to show Special Agent 
 Loomis over certain lands in Township 11-7 and represent them as being the 
 claims he had been ordered to investigate, and that Puter had paid him $110 in 
 gold for the service, and had promised him $250 more when the titles were 
 perfected ; that he met Loomis according to appointment, and escorted him to the 
 mountains, where he pointed out certain cabins and improvements and represented 
 to the Special Agent that they belonged to the different homesteads forming the 
 basis for the investigation, when, as a matter of fact, they were miles away, and 
 that Loomis did not know the dift'erence ; that the latter met with an accident while 
 in the woods, and was unable to further proceed with the farcical inspection, 
 suggesting that they had gone far enough. The following is a verbatim copy of 
 the testimony at this point from the Court stenographer's notes : 
 
 Question (by Mr. Heney) : "What happened when you got back to camp?" 
 
 Heidecke : "Well, I took the horses and staked 'em out on the grass so 
 they couldn't get away, and came into the house on the Peaslee place, where we 
 were staying, and I says to him, 'are you going to examine any more of those 
 claims ?' 'Why,' he says, 'you have saw Puter, ain't you ?' 
 
 "I says 'yes, I seen Puter, and I don't like that very well.' 
 
 " 'Oh,' he says, 'mum's the word ! I am a Special Agent, and whatever 
 reports I make out, the Government will not doubt me. Everything will be all 
 right.' 
 
 "And then I says. 'well, here's all those rangers and Ormsby.' 
 
 " 'Oh,' he says, 'Ormsby has no kick coming !' So I says, 'I guess I will 
 go fishing then.' and when I went out he took out a map, and he says, 'where 
 would you put those cabins ?' 
 
 "So I just sat down there and marked around where the cabins w^ould be, 
 and then I went fishing." 
 
 Continuing, the witness said in substance : 
 
 "The next day we returned to Detroit, and I accompanied the Special 
 Agent to the rear of Jacobs' store, where the affidavits were drafted by Loomis, 
 as he objected to doing so in the main room of the store on account of so many 
 customers being there. After fixing up a set of affidavits for each of the 12 
 entries, Loomis obtained signatures thereto from L. Jacobs, proprietor of the 
 store, and several others of the townspeople present. I also signed a set for each 
 claim, and induced the two Thomas brothers to do likewise, paying them $10 
 apiece for their trouble. Altogether Loomis paid me $15 for my two days' work 
 for him in the woods. This was irrespective of the amount I received from Puter. 
 
 "My next experience w^ith the deal," declared Heidecke, "was when I met 
 Captain S. B. Ormsby at Albany in accordance with arrangements that had 
 already been made with Puter. Ormsby informed me that the investigation made 
 by Loomis in 11-7 had to be done all over, and suggesed t'^-' I go with him as a 
 guide. Shortly thereafter I met Ormsby and Tarpley at Detroit, and was paid 
 
 Page 164 
 
Frank E. Alley, the Roseburg searcher of 
 
 records, and handy man for Kribs 
 
 at the local Land Office 
 
 $20 by Tarpley to accompany Ormsby into the mountains. At the same time 
 Tarpley flashed a draft for $250 in my face which was made payable to me, and 
 which Tarpley said would be turned over to me as soon as patents issued on the 
 12 claims." 
 
 This draft was then introduced in evidence by Heney, and proved to be 
 a certificate of deposit for $250 made in the name of Emma L. Watson at the 
 Wells-Fargo Bank in Portland. It was made payable to Heidecke by Mrs. 
 Watson, and also bore the signature of Heidecke as payee. 
 
 "The day after Ormsby arrived at Detroit," continued Heidecke, "we started 
 for the mountains, but I had not proceeded far when I pretended to be sick, and 
 returned to Detroit, leaving the Captain in the lurch. He did not stay out very 
 long, either, but came back to Detroit on the following day and asked me to sign 
 a lot of affidavits testifying to the residence, improvements, etc., on the 12 claims. 
 
 "At first I ' ^alined to do so, but when Ormsby suggested that there was 
 a great deal of timber being illegally cut on Government lands, and that the 
 
 Page 165 
 
Forestry Department might require my services in protecting the reservation from 
 devastations of this character, I lost no time in taking the hint and signing a 
 complete set of |he affidavits. Later Ormsby secured the affidavits of Jacobs and 
 several others in Detroit. He kept his word in reference to getting me appointed 
 as a forst ranger, which position I held until October 15, 1902, when I was 
 discharged." 
 
 Heidecke resumed his testimony by relating all that occurred about two 
 years later when Edward W. Dixon, at that time a Special Agent, called upon him 
 at Detroit and interviewed him relative to the 12 homestead claims in township 
 11-7. Dixon had been detailed by the General Land Office to make an investiga- 
 tion in search of evidence that could be made the basis for indictments by the 
 Federal Grand Jury, and in the course of his duty, read over some of the affidavits 
 that Heidecke had signed. 
 
 The mountaineer declared that the statements therein contained were true 
 and correct in every particular, as he was well acquainted with the 12 homestead- 
 ers. Shortly thereafter he was subpoenaed to appear before the L'nited States 
 Grand Jury, at Portland, but before doing so, sought out Captain Ormsby, at 
 Salem, and consulted with him relative to the situation. He was deliberating 
 whether or not to ignore the subpoena altogether and skip out, but Ormsby advised 
 him not to do so, claiming there was no danger as there was no power on earth 
 could break the two reports, and for him to stand pat, at the same time suggesting 
 that he see Dan Tarpley about the matter before taking any further action. 
 
 Heidecke called upon Tarpley, as advised by Forest Superintendent 
 Ormsby, and was furnished with certain data which he was to commit to mem- 
 ory for use before the Grand Jury. He wrote down in his memorandum book that 
 Maud Witt was light, and of medium height, while Nellie Backus was heavy and 
 dark ; in fact, he had descriptions covering each person who had made the home- 
 stead filings. Somehow or other his memory went back on him when he faced the 
 inquisitorial body, and after holding out for a time, he finally went all to pieces 
 and told everything, making a complete confession of his part in the fraudulent 
 transaction. Judge Thomas O'Day, of counsel for the defense, took Heidecke in 
 hand and subjected him to an excruciating cross-examination, and one which, in 
 all truth, the witness will have good reason to remember for the remainder of his 
 natural life. 
 
 "Heidecke, you self-confessed perjurer," thundered the counsel, "yoi^^, who 
 have come here and had the audacity to declare that you accepted this money, and 
 knew at the time that you were lending yourself to the commission of a crime, 
 yet wavered not, and after benefiting thereby, and with no offer made to refund 
 your ill gotten gain, state to this court and jury that you have repented, and, in the 
 hope of saving your cowardly self, you would make believe that this thing was 
 forced upon you ?" 
 
 Heidecke, like Montague, was on the verge of collapse, and when counsel 
 for the prosecution came to his assistance, it reached him none too soon, for he was 
 indeed a sorry plight. 
 
 Frank O'Brien, clerk of the St. Charles Hotel at Albany, and Charles 
 Pfeifer, of the Revere House, of the same city, both identified the signatures of 
 McKinley, Tarpley, Loomis. Heidecke and myself from the registers of their 
 respective hotels, at different times when those named had stopped there. 
 
 Ira P. Hower. of Eugene, testified to having loaned McKinley $2,100 on 
 the George A. Howe claims. Through this witness the title to the dift"erent 
 fraudulent tracts was traced from McKinley to N. Haskell Withee, of La Crosse, 
 Wis. The next morning this witness was recalled and told how he had been 
 accustomed to keeping the Howe deeds in a certain bureau drawer at his residence 
 with other valuable papers, but that in searching for the documents a few days 
 previously, the discovery was made that they had "mysteriously" disappeared. 
 L. E. Bean, Hower's attorney, corroborated his client relative to the search for 
 the missing deeds. 
 
 Page 166 
 
^^'altcr Holt, of Wells-Fargo Bank, Portland, identified the certificate of 
 deposit for $250 issued by the bank in favor of Mrs. Emma L. Watson, and 
 indorsed by her to Heidecke. 
 
 P. E. Snodgrass. Cashier of the First National Bank, of Eugene, told 
 about the transaction between Hower and ^McKinley, at which time the George 
 A. Howe claims were given as security for the loan. Snodgrass also related 
 the substance of a conversation occurring between himself and McKinley, wherein 
 the latter's representations regarding the value of the lands was made the basis 
 for the loan of $2100. 
 
 At this point Mr. Heney announced that the Government rested its case. 
 He had two more witnesses, he said, both of whom were absent, George Soren- 
 son being reported at Duluth, Wis., while Thomas R. Wilson, the Walgamot 
 witness, was alleged to be too ill to attend the Court proceedings. 
 
 Counsel for the defense held a brief consultation as soon as the prosecution 
 rested, after which it was announced that they would introduce no evidence in the 
 case. This move was a great surprise to everybody, as it had been confidently 
 expected that a vigorous defense would be made, quite an array of witnesses hav- 
 ing been summoned for that purpose. 
 
 At the beginning of the trial, the defense had entered the Court room 
 fully confident that a complete line of defense would be established against 
 anything the Government might present ; but as the case progressed, however, 
 it soon became apparent that Montague and Heidecke had turned traitors, which 
 presented a different phase of the situation, with the result that we found our- 
 selves without a peg to stand on, and were obliged in consequence to pin our faith 
 to the belief that whatever judgment of conviction the jury might return could be 
 overcome on appeal to the higher Court. 
 
 At the afternoon session, just before the commencement of arguments, 
 the second great surprise of the day occurred wdien Claude Strahan, a local 
 attorney, arose and said : 
 
 "I appear for Defendant Frank H. Walgamot, and at this time I desire 
 to withdraw his plea of not guilty, and substitute therefor a plea of guilty!" 
 
 "Is that your wish, ]\lr. Walgamot?" inquired Judge Bellinger, addressing 
 the alleged trapper. 
 
 The defendant arose slowly to his feet wath downcast eyes. He did not 
 want to see his fellow-defendants, nor gaze into the eyes of the Court or 
 spectators. Shamefaced and crestfallen, he had lingered until the last minute in 
 the hope that something might develop to turn the tide. But he realized that 
 there was no escape, hence was ready to beg for that mercy which the other 
 defendants, in their loyalty to each other, had scorned to accept. 
 
 "I do," he said, with quivering voice. 
 
 "What is your plea? asked the Court. 
 
 "Guilty !" he whispered, as he sank temporarily into his seat, and then slunk 
 from the Court room under covei- of the further proceedings, and was seen no 
 more. It is quite evident that Walgamot's plea came at an opportune moment, 
 as he has never been sentenced, and there is not much likelihood that he will 
 ever be called upon to face any further punishment for his misdeeds. 
 
 The sensational incidents of this episode had hardly died away when ]Mr. 
 Heney arose and produced one of even greater magnitude. 
 
 "Your Honor," he said, addressing the Court ; "I have long followed the 
 rule in prosecuting not to ask a jury to return a verdict of conviction in a case 
 where I could not conscientiously go into the juryroom and vote the same way 
 myself. I feel that the Government has failed to make out a case against IMarie 
 Ware under the terms of this particular indictment, and have therefore to request 
 that the jury be instructed to acquit her of" this charge." 
 
 Judge Bellinger assured Mr. Heney that he felt the same way in regard to 
 Miss Ware's complicity in the 11-7 frauds, and indicated an intention of instruct- 
 ing the jury in accordance with this view of the situation. 
 
 Page 168 
 
United States , Attorney John H. Hall made the opening argument for the 
 government in a speech that consumed several hours. It was not regarded as 
 much of an effort from an argumentative standpoint, the main features being a 
 facetious fling at the romantic ideas involved, when the bachelor element among 
 the bogus entrymen were supposed to soften the asperities of their isolated exist- 
 ence by paying alternate court to "Nellie Backus," "Emma Porter," and "Maud 
 Witt," while the poor girls were hoeing potatoes out in the snow during the long 
 hours of the Wintry nights. 
 
 My brother, L. F. Puter, of Eureka, Cal., followed the Government attor- 
 ney, in an address that was listened to with close attention by the jury, although 
 it was plainly apparent from the outset that no power on earth could stem the 
 current of their conviction that we were guilty. 
 
 Probably the most impressive scene of the whole trial was witnessed after 
 my brother hacl finished, and Judge Thomas O'Day had resumed his closing appeal 
 for the defendants. Naturally of commanding presence, the Judge was never 
 more so than on this occasion, as with stately tread, after the noon recess, he took 
 a position directly in front of the jury. Opening a large volume of the Holy 
 Bible, and spreading it before him on a pedestal that had been improvised for 
 the occasion, he commenced to read from the VHI Chapter of St. John: 
 
 "Jesus went into the Mount of Olives. And early in the morning he 
 came again into the temple, and all the people came unto him ; and he sat down, 
 and taught them. 
 
 "And the Scribes and Pharisees brought unto him a woman taken in 
 adultery ; and when they had set her in the midst, they said unto him, 'Master, 
 this woman was taken in adultery, in the very act. Now Moses in the law com- 
 manded us, that such should be stoned; .but what sayest thou?' " 
 
 "This they said, tempting him. that they might have to accuse him. But 
 Jesus stooped down, and with his finger wrote on the ground, as though he 
 heard them not. 
 
 "So when they continued asking him, he lifted up himself, and said 
 unto them, 'He that is without sin among you, let him first cast a stone at her.' 
 
 "And again he stooped down and wrote on the ground. 
 
 "And they which heard it, being convicted by their own conscience, went 
 out one by one, beginning at the eldest, even unto the last; and Jesus was left 
 alone, and the woman standing in the midst. 
 
 "When Jesus had lifted up himself, and saw none but the woman, he said 
 unto her, 'Woman, where are those thine accusers? Hath no man condemned 
 thee ?' 
 
 "She said, 'No man. Lord.' And Jesus said unto her, 'Neither do I con- 
 demn thee; Go, and sin no more.' " 
 
 Turning his pockets inside out. Judge O'Day faced the Government attor- 
 neys and shouted in stentorian tones : 
 
 "I carry no rocks with me, T don't see any coming from the other side!" 
 
 Taking the scriptural injunction as a text, Judge O'Day proceeded to de- 
 liver one of the most effective sermons ever listened to from any pulpit. His 
 reading of the quotation, coupled as it was with so many dramatic features, pro- 
 duced a profound impression upon jury and audience alike. The application was 
 apparent to all. Outside attempts had been made during the progress of the trial 
 to connect the female defendants in some way with certain scandalous rumors, 
 and the action of Judge O'Day was taken as a reply to these vague and senseless 
 insinuations. 
 
 Of splendid physique and endowed with deep, penetrating voice, the Judge 
 held the closest attention of the entire court room, and a death like stillness per- 
 vaded the atmosphere while he was making his eloquent appeal for mercy. That 
 was all it could be called, as we were forced to throw ourselves at the feet of the 
 jurymen by reason of having absolutely no case. 
 
 Page 169 
 
\\liatever effect the words of our counsel may have produced was quickly 
 dispelled when ^Ir. Heney began the closing address for the Government. He 
 summed up the evidence in the most convincing manner possible, and it is doubt- 
 ful if the prosecutor exists who is gifted with such wonderful powers of concen- 
 tration when it comes to analyzing the testimony in a case. His efforts stamped 
 him at once as a person of rare legal ability, and his reputation has since been 
 greatly enhanced. 
 
 Heney's speech occupied the entire morning session of Court, so that 
 at 2 o'clock on the afternoon of December 6, 1904, Judge Bellinger began 
 reading- his instructions to the jury. They were fair and impartial throughout, as 
 were practically all the rulings during the trial, and at 2:15 P. M. our fates were 
 in the hands of the twelve men, good and true. 
 
 After being out about forty minutes, the jury returned a verdict of guilty 
 against all the defendants with the exception of Marie Ware, whose acquittal 
 had been recommended by Mr. Heney ; and Frank H. Walgamot, who had 
 entered a plea of guilty shortly before the case was submitted. The jury was 
 composed as follows : 
 
 A. Blevins (foreman) farmer, Albany, Linn County; E. A. Griffin, stock- 
 man, Dufur, Wasco County; John B. Bridges, contractor, Portland, Multnomah 
 County; J. L. Howard, stockraiser. Heppner, Morrow County: J. L. Barnhouse, 
 stockraiser. Wheeler County ; G. H. Newell, farmer, Lakeview, Lake County : 
 A. E. Austin, general merchandise, Woodburn, Marion County; J. C. Weatherl\-, 
 farmer, Wallowa County ; C. H. Duncan, farmer. Baker County ; \V. H. Dilley, 
 contractor and builder, Benton County; I. M. Foster, farmer, Clatsop Countv, 
 an.d Richard W^augh, stockman, Pendleton, Umatilla County. 
 
 Puter estimating the timber on one of C. A. Smith's 
 fraudulent claims in 14-3 
 
 Page 170 
 
Chapter XII 
 
 Putcr's motives for aiding the Government — His co-operation ivith Heney and 
 Burns the mainstay in the efforts to connect United States Senator John H. 
 Mitchell zvith the Oregon land frauds— How Frederick A. Kribs laras driven 
 into a corner and forced to "peach" on his friends — C. A. Smith, the 
 notorious Minneapolis millionaire, saved by the statute of limitations — 
 Unique system of "mining" pursued by the Secret Service Department in 
 reducing the strongholds of conspiracy. 
 
 THE verdict of conviction having- been rendered, our attorneys immediately 
 filed a motion for a new trial, Judge Belling-er granting us forty days in 
 
 which to submit and argue same. In the meantime we were remanded 
 to the custody of the United States Marshal, our bonds in each case being fixed 
 at $4,000. 
 
 Mrs. Watson, Horace G. McKinley, Dan W. Tarpley and Frank H. 
 Walgamot at once gave bail and were released ; while, in my case, as I 
 was momentarily expecting my old friends and associates to call and attend 
 to the matter, I made no attempt, personally, to find sureties on the after- 
 noon of my conviction. 
 
 It appeared, however, as the hours rolled by, and the day was far spent, 
 that I had been overlooked, so I requested Walter F. ("Jack") Matthews, then 
 United States Marshal for Oregon, to grant me the privilege of remaining at 
 the Hotel Portland, where I had been stopping, until such time as my bonds were 
 furnished and approved. 
 
 Mr. Matthews very kindly granted my request, and instructed Jacob 
 Proebstel, one of his deputies, to accompany me to the hotel, where I was to 
 remain in his custody until my bonds were furnished. 
 
 On the following day, December 7, 1904. I suggested to Mr. Proebstel. 
 when breakfast was over, that we return to the Marshal's office, as I expected 
 my friends to call there. Noon came, however, without bringing anybody, so we 
 went back to the hotel for luncheon, after which we repaired to the Marshal's 
 office and resumed our lonely vigil. 
 
 After remaining there for some time, I called up my brother over the 
 telephone, and suggested that he pay a visit to the offices of F. Pierce Mays, 
 Fred. A. Kribs and W. N. Jones, all of whom he would find in the Chamber of 
 Commerce building, and to interview these gentlemen with regard to furnishing 
 my bond, asking that he more particularly see Mr. Mays, whom I requested him 
 to call upon first, as I thought, because of our close business relations, and 
 because of the fact that Mays was implicated with me in several land 
 fraud transactions, and had always acted as my attorney, that he would 
 be the proper person to come to the rescue, now that I was in need of 
 assistance. 
 
 When my brother returned to the Marshal's office, he advised me that the 
 gentlemen named had been called upon by him personally and interviewed in my 
 behalf, but without success. Mr. Mays, upon whom he called first, refused abso- 
 lutely to have anything to do with me, giving as a reason that he, too, 
 might be dragged into the mire. He stated that his name was being 
 mentioned freely as a subject for probable indictment at some later date. 
 
 Page 171 
 
and that, should he come forward at this particular time as among those 
 who had given me either moral or financial sup])ort in any way, the result 
 would be obvious. 
 
 ]\Ir. Kribs also shrugged his shoulders and declined to go on my bond, as 
 did Jones likewise, both of them claiming that they were dealing in timber lands, 
 were consequently dependent upon future operations along that line, as in the 
 past, for a livelihood, and that, under the circumstances, it would be eminently 
 out of place for them to stake their prospects upon the notoriety of such an 
 undertaking. These men. so my brother informed me, were quite willing to asso- 
 ciate with me and to be known as my friends in my days of pros])erity ; in my hour 
 of adversity, however, they were not to be reckoned on as among the faithful. 
 
 I was completely overcome, for the time being, when my brother related 
 his experience with the trio of presumed friends, and had it not been that it was 
 through my own brother the news of their perfidy had been conveyed to me, 
 I should not have believed it. Coming from any other source I should have 
 given the lie direct to such a statement, for little could I believe that these men 
 would be guilty of willfully and deliberately deserting me at the very moment 
 when I most needed a friend. It was neither what I expected or deserved, because 
 I had stood by them through thick and thin, but now that my lips had drained 
 the cup of bitterness to the dregs, I became resigned, though even then I did not 
 despair. 
 
 The hour was now late, and not feeling disposed to strive further to secure 
 bondsmen on that day, I retired to my room at the hotel, accompanied, as on the 
 evening previous, by Deputy Marshal Proebstel, who accorded me every courtesy 
 and consideration. We spent the evening quietly, as may be imagined, as I had 
 much to think about and preferred to be alone. 
 
 On the following morning I was visited by a friend — not of the stripe 
 heretofore mentioned — who expressed a desire to become one of my bondsmen. 
 This gave me renewed courage, so after breakfast I decided to call upon Mr. Mays 
 personally, notwithstanding my brother's report, as it was necessary for me to 
 secure one more bondsman in order to obtain my release, and Mr. JMays, I. still 
 thought, was in duty bound to supply that man. 
 
 I called upon jNIays, accompanied by Mr. Proebstel, the latter remaining 
 in the hallway until the close of our interview. Upon entering the office, I found 
 IMays seated at his desk, and after bidding him good morning, addressed him 
 thus : "Mr. Mays, is it a fact that you have declined to assist me in the matter 
 of securing my bond?" 
 
 "Puter," he replied, "you know very well that I could not become your 
 bondsman, as the statute prohibits an attorney from doing so." 
 
 "Yes, I am aware of that, Mr. Mays," was my answ^er, "but I have not 
 asked you to go on my bond personally, nor do I expect you to ; but I have a 
 right to ask you to call upon one of your many friends, through whom this matter 
 could readily be adjusted. This you could easily do, and besides," I continued, 
 "I already have one bondsman, and require but one more, and surely it is not 
 expecting too much when I say that you should supply this need." 
 
 "I would like to help you out," said Mays, "but I don't propose to be 
 dragged into this case if I can help it. You know yourself that they are after 
 me red hot. and if it should become known that I assisted you in the matter of 
 securing bondsmen, it would simply be a case of supplying ammunition to the 
 enemy, and would be used against me at the first opportunity." 
 
 "Mr. Mays," I replied, "it is entirely unnecessary for you to become known 
 in the transaction, as you could very easily speak to one of a hundred persons, 
 any one of whom would gladly accommodate you by becoming my surety, and 
 as for you being mixed up, or your identity becoming known, I can see no reason 
 for any such idea. The very thought of such a thing is absurd, and you know it." 
 
 Wheeling about in his chair and resuming his writing, Mr. Mays treated 
 me, and the subject presented, with cold indifl:'erence. I .could see from his very 
 
 Page 172 
 
countenance that he was bent on 
 ignoring' me ; but I was not to 
 be discarded in this ruthless 
 fashion, and resolved, before 
 leaving, to plead with him still 
 further, humiliating as it might 
 be to my pride ; so I proceeded 
 to remind Mr. Mays of how he 
 was associated with me in the 
 24-1 deal, wherein he received 
 half of the six claims, knowing 
 them to be fraudulent, and not 
 one of which cost him a dollar. 
 
 "Mr. Mays, you claim, as 
 I understand, to have paid Sena- 
 tor Mitchell the sum of $600 for 
 his services in pulling out the 
 patents to those six claims, but I 
 never did believe that you paid 
 him any such amount, nor do I 
 believe it now, as Senator Mit- 
 chell, according to your own 
 statement to me, was very much 
 indebted and obligated to you 
 for past political favors. How- 
 ever, I know this much, and you 
 will not deny it, that you got 
 those claims from me for abso- 
 lutely nothing, and you also 
 know, as I do too, that you dis- 
 posed of them — the three that 
 you got — within a few months' 
 time, for the neat sum of $2,520. 
 And furthermore, Mr. Mays, 
 you have been mixed up with me 
 in various land transactions for 
 
 something over 12 years, and now, to think that the very man with whom I 
 have dealt, and for whom I have worked, should throw me down — you 
 don't mean this, Mays, I know you don't, for you know full well, and 
 that, too, beyond a question of doubt, that I would have gotten up in 
 the middle of the night to come to your rescue, had occasion demanded 
 and would gladly have put up my last dollar had you needed it. Your 
 name, Mays, has never been mentioned by me in connection with these 
 cases. On the other hand, I have shielded a^ou at every turn." 
 
 Mays had little to say after that, but the look he gave me spoke volumes. 
 He was not to be moved ; that was all apparent, so I decided that further entreaty 
 would avail me nothing, and being given the opportunity, I looked him square 
 in the eye, and said : 
 
 "Mr. Mays, I take it that you refuse to act in my behalf?" 
 
 "You have my answer," he replied; "I can do nothing for you!" 
 
 "You, sir, may be looking for a bondsman some day." I remarked, before 
 leaving. "Remember, I say, you, too, may in time need a friend!" 
 
 It is worthy of note that Mr. Mays was indicted, tried and convicted 
 within two years after this conversation took place, the indictment against him 
 being returned in less than a month after my trial. 
 
 He is now under $4,000 bond, pending appeal of his case to the 
 hi""her courts. 
 
 Captain J. H. Alexander, Special Agent af the Gen- 
 eral Land Office, who was of material assistance 
 to Chief Dixon during the investigation of the 
 Umatilla Indian Reservation frauds 
 
 Page 173 
 
iMiiding- Mr. rroefjstel in waiting- in the corridor where I had left him, 
 we took the elevator and returned direct to the hotel. I might, perhaps, have 
 called ujKjn Jones and Krihs, who occupy offices in the same building, but I was 
 too much downcast to court another such experience. 
 
 Upon reaching the Hotel Portland, I found my brother waiting for me, 
 and told him what had taken place. He was not surprised, as his mind was made 
 up from the time he had talked with Mays, Jones and Kribs, on the day before, 
 that it was useless to expect any aid from them, and he could not understand why 
 I should permit myself to become so grossly deceived in regard to the stability 
 of such friendship, as I had always claimed, in discussing the subject with my 
 brother, that any one, or all of them, would do anything for me within reason, as 
 I likewise would have done for them. They had been put to the test, however, 
 and were found wanting, and it was now up to me, in my present predicament, to 
 look after myself, and at some later date, when the cruel circumstance of time 
 would lay bare the lives of these men, as it does with all those who prove traitors 
 to their friends. I could stand by and look on in silent contempt, if not. indeed, 
 with a degree of satisfaction, at their deserved fate. 
 
 When my brother inquired if I wished to see anyone else in the city with 
 a view of securing bonds, I replied that I did not; that I would prefer, however, 
 humiliating it might be, to send to my old home in Humboldt County, California, 
 and have the money sent me necessary to secure my liberty. He. too. considered 
 this the better plan, so I wired that morning, requesting that $4,000 be transmitted, 
 and this amount I received by telegraph that same afternoon. 
 
 Being free once more, I lost no time in summoning my old lieutenants, 
 McKinley and Tarpley, to my room at the Hotel Portland for consultation. 
 
 When they called to see me. I informed them of my intention to call upon 
 Francis J. Heney, Special Assistant to the United States Attorney-General, and 
 request permission to appear before the United States Grand Jury, to give testi- 
 mony against F. Pierce Mays, Senator John H. Mitchell, and the rest of the 
 gang. Mr. Tarpley advised that I abandon the thought, while McKinley sug- 
 gested that it might be all right to inform on Mays and some of the others, but I 
 should omit the name of Senator Mitchell. 
 
 "I know," said he, "that Mays has treated you shamefully, and should be 
 brought to account and made to suffer for his acts, but Mitchell — why should you 
 turn against him? What has he done?"' 
 
 "Just look at those press dispatches," I replied. "Hardly a day has passed 
 since my conviction but he has had something mean to say about me in the news- 
 papers, and as Mitchell and Mays are so closely identified with each other, I look 
 upon them as one person, determined to force me to the wall, and to efifect. if 
 within their power, my complete ruination." 
 
 "I would advise you to hesitate," replied McKinley, "before taking final 
 action, as you are angry now and might do something which you would have 
 reason to regret at a later date; just wait a few days and you may change your 
 mind." 
 
 "No." I said; "I comprehend thoroughly what I am doing. My mind in 
 the matter is made up, and I am determined to carry out my plans as outlined. 
 Had Senator Mitchell held his peace, his name should never have been mentioned 
 by me, but since he has seen fit to denounce me publicly, through the columns of 
 the daily press, discountenancing me in most scathing terms, I can see no reason 
 why I should protect him further. No ! I shall* shield him no longer ; he is equally 
 guilty, and must go down to his fate with the balance of the bunch." 
 
 McKinley and Tarpley evidently thought that further discussion on the 
 subject was useless at that time, so they had nothing more to say, but still hoping 
 to change my mind in the matter, either one or the other, if not both, called upon 
 W. N. Jones, one of those who had been asked to go on my bond, and after in- 
 forming him of the situation, suggested that he see and talk with me at once. 
 
 Page 174 
 
Jones hit only the high places in reaching me. and meeting- me in the hotel 
 lobby, said : ^ 
 
 ''Puter, what is the matter? I learn that you are going to cut loose and 
 give the whole bunch of us away — is that so ?" 
 
 "Well," I replied, "you are a nice lot of fellows, particularly Mays, 
 Mitchell, Kribs and yourself, for now that I have been convicted, Mitchell 
 condemns me, while Mays, Kribs and you have seen fit to pass me up in the most 
 deliberate and cold-blooded manner. Both Mays and yourself, being my partners 
 in those timber land schemes for the past eight years, should have been the first 
 to ofifer me assistance, and which, you well know, should have come to me unso- 
 licited ; but you failed to appear, and when I was forced to call personally, 
 because of your non-appearance, I was turned down like a white chip. Up to this 
 time I have never uttered a word to anyone about the fraudulent character of the 
 transactions in which you were all involved with me. On the other hand, I have 
 stuck to you all from beginning to end." 
 
 Jones' countenance assumed a look of serious solicitude as he replied: "Be 
 reasonable, Puter, and I will see Mays and Kribs and the rest of them, and 
 between us all, we shall see that your fine is paid !" 
 
 "You'll pay nothing!" I answered, heatedly. "I am plenty capable of 
 paying my own fine. I never expected, nor would I permit, anyone to pay my 
 fine. All I asked for and expected was, that Mays, Kribs and yourself would 
 show me the consideration to which I was entitled. I had no other thought than 
 that you would all hasten to my aid, and the only cjuestion in my mind, immediately 
 after conviction, was which two of the three I would permit to go on my bond 
 without ofifending the other. You know, Jones, how badly I was mistaken as to 
 your respective dispositions. I know now what kind of fellows you are, and you 
 will all have to answer at the bar of justice because of your miserable concluct 
 toward me." 
 
 Jones beggingly implored, "Don't do it, Steve — don't do it! for if you once 
 start the ball rolling, there is no telling where it will stop ! Besides," he continued, 
 with more consideration over the prospective loss of his ill-gotten dollars than 
 contrition for the inevitable wreck of his reputation, "further exposure will simply 
 ruin the timber business, and there won't be a cent in it for anybody hereafter !" 
 
 I wheeled abruptly and walked away, for notwithstanding the fact that 
 Jones had turned against me when I most needed his assistance, at the same time. I 
 could not bear to look upon this fine specimen of manhood reduced to misery and 
 shame, and to think, moreover, that he was yet to suffer still greater torture from 
 the grilling he was certain to receive at the hands of the death-dealing Heney. My 
 position, for the moment, was as one "between the devil and the deep sea," for I 
 had no real desire at heart to humiliate my old friend Jones, nor did I wish to place 
 him in the hands of Heney. a man for wdiom I could entertain no love, for if ever 
 living man prosecuted his fellow-being, it was this man Heney when he kept 
 rapping it to me, and, as I believed at the time, with a determination not only 
 to kill me for eternity, if possible, but. if within his power, to place me behind the 
 very gates of hell. 
 
 But I must decide. Once before I had done so, and now it was incumbent 
 upon me to again revolve all the agonies of my chaotic thoughts into some sort 
 of tangible form that would assume the composite shape of justice and mercy. 
 Not in the presence of my one-time friend, however. I must be alone, and in the 
 solitude of my room I reviewed every phase of the situation as one seeks the 
 secrets of destiny in a kaleidoscope. 
 
 All the abuses I had sufifered at the hands of this syndicate of traitors 
 seemed to parade before me in spectral procession, and mock my very soul itself 
 with their merciless taunts. It was more than human flesh could endure, and lest 
 my heart should grow too weak and cowardly, causing me to flinch from what I 
 realized was my stern duty, 1 walked deliberately from my own room to that of 
 the Government prosecutor — in the same hotel — and knocked for admission, with 
 
 Page 175 
 
the same degree of charity that the penitent sinner would display in seekhig 
 salvation. Mr. Heney responded in person to the summons, and after requesting 
 me to be seated, inquired the object of my visit, to which I made answer: 
 
 "Mr. Heney, I have personal knowledge of fraudulent land transactions in 
 which several prominent citizens are implicated, all of whom, I consider, are 
 equally guilty with myself, if not more so. I have come to you, therefore, to ask 
 that I be granted the privilege of appearing before the Federal (jrand Jury for 
 the purpose of testifying in those cases." 
 
 "What, might 1 ask, are the names of the persons against whom you desire 
 to give evidence?" inquired Mr. Heney. 
 
 "F. Pierce Mays, United States Senator John H. Mitchell, and several 
 others, whose names I do not care to mention at this time," was my reply. 
 
 "If you have no objection," said Mr. Fleney, "I should be glad to learn 
 the nature of the testimony you expect to present." 
 
 "Well," I replied, "I will state for the present that Mr. Mays was my 
 associate in several land transactions, in some of which Senator Mitchell also 
 took part. One, in particular, that I call to mind, was when I visited Washington, 
 D. C, at the instigation of Mr. Mays, and, although I had met and transacted 
 business with Senator Mitchell prior to this time. Mays handed me a letter to him, 
 which I presented upon my arrival in Washington, and which introduction was 
 the means of giving me a standing with the Senator which I had not previously 
 enjoyed, and which terminated later in my making a deal with him, whereby he 
 agreed to expedite the issuance of patents to certain lands in which Mays and I 
 were interested, and for which service I paid Senator Mitchell the sum of $2000, 
 in the form of two $1000 bills." 
 
 "li you can substantiate these statements," replied Mr. Heney, "you may 
 come to my office at 10 o'clock tomorrow morning, when you will be afforded an 
 opportunity to testify before the Grand Jury. I shall expect you," he added, sig- 
 nificantly, "to bring with you all papers and documents bearing upon the subject, 
 to corroborate any testimony you may offer at that time." 
 
 This I agreed to do, and bidding him good-day, I took my departure. 
 Having in mind his injunction to bring with me all the available documentary 
 evidence in my possession, I immediately telegraphed to my home at Berkeley, 
 Cal., requesting that my private account book be sent to me at once. On the morn- 
 ing of the second day after my talk with Mr. Heney, the book in question arrived 
 in Portland. In the meantime I had arranged with him to defer giving my testi- 
 mony until the book reached me. 
 
 Upon being ushered into the Grand Jury room by Mr. Heney, the latter 
 announced to the inquisitorial body that S. A. D. Puter wished to present evidence 
 in the cases of F. Pierce Mays and United States Senator John H. Mitchell. 
 
 Whatever my thoughts before entering that room, I can assure my readers 
 that after glancing about me and examining the faces of those present, I experi- 
 enced a feeling of awe. Some few of the jurymen I was acquainted with person- 
 ally ; others I had seen, while the majority were total strangers to me. I 
 recognized, however, that the jury was composed of a representative class of men 
 who, in all truth, were endowed- with more than ordinary intelligence, and eminently 
 capable of performing their duties without fear or favor under all circumstances. 
 The more I studied their faces the more confident I became, until I felt satisfied 
 that no guiltless person need fear their decision. Their ecjual as a jury, collectively 
 speaking, would be hard to find ; their superior I have never seen. 
 
 After being sworn, the usual form of oath being administered, I took the 
 witness chair and was asked by Mr. Heney to state my name, age, residence and 
 occupation ; how long I had lived in Oregon and dealt in timber lands, and how 
 long I had known Senator Mitchell, etc. After answering these and other prelim- 
 inary questions, the Government prosecutor asked if I had ever had any business 
 transactions with Senator Mitchell. 
 
 "Yes," I replied, "I have had several such transactions." 
 
 Page 176 
 
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"Did vou, Mr. Puter, have any business dealings with the Senator prior to 
 1902 ?•• 
 
 "Yes, sir, I did." was my reply. I tliereu]X)n stated the nature of these 
 relations. 
 
 Mr. Heney then asked me to indicate what business, if any, 1 had had with 
 the Senator during 1902. 
 
 I replied that I had employed Senator Mitchell in Washington, D. C, as 
 my attorney, for the purpose of expediting the patents to the 12 homestead claims 
 in Township 11 S., Range 7 E., in Linn county, Oregon, involving those upon 
 which I was tried and convicted. 
 
 In response to Mr. Heney's suggestion that I explain to the members of 
 the Clrand jury all about the method of accjuiring title to the 12 fraudulent home- 
 stead entries. I ])roceeded to give a detailed account of how the lands had been 
 located through McKinley and myself, as described fully in a preceding chapter. 
 I explained further how the entries had been suspended by the General Land 
 Office pending an investigation ; how I had bought off Special Agent Loomis, of 
 the Oregon City District, and also Captain Ormsby, Superintendent of the Cascade 
 h\)rest Reserve, both of whom had been detailed by the Land Department to 
 investigate the character of the homestead claims; and further, how I had person- 
 ally gone to Washington City shortly after the reports of the Government officials 
 had been transmitted to headciuarters, and how, upon my arrival there. I had 
 employed Senator Mitchell to use his influence with Dinger Hermann, Commis- 
 sioner of the General Land Office, to secure the issuance of patents without further 
 delay. After I had entered into a careful explanation of all these details Mr. 
 Heney then asked me this cjuestion : 
 
 "Mr. Puter, have you any documents in your possession bearing upon the 
 statements you have just made?" 
 
 "Nothing," I replied, "other than the memorandum book in which I keep 
 my private accounts." 
 
 "Have you got that book with you?" he asked. I replied in the affirmative. 
 
 He then requested me to give the jurymen a detailed statement of the 
 transactions recorded therein. 
 
 With book in hand, I went on to explain how I had furnished all funds 
 necessary to cover the expense of locating the 10 homesteaders on the different 
 claims, and how two of the entrymen had filed on two claims each. This trans- 
 action took place in December, 1900. I also made mention of expenses incurred 
 during February and March, 1901, in taking the same parties back to Oregon City 
 and Albany, when they made final proofs; date of transfer by deed to Emma L. 
 Watson, showing amounts paid to each entryman ; dates and amounts paid to J. A. 
 W. Heidecke for showing Special Agent Loomis and Forest Superintendent 
 Ormsby the alleged improvements on the various tracts ; dates upon which Loomis 
 received the sum of $1,000, in two $500 payments; date that $500 was paid 
 to Merritt Ormsby, son of the Forest Superintendent, for the benefit of his father ; 
 expense account of my trip to Washington City and return, together with the 
 payment of $2000 bribe money to Senator Mitchell. This latter entry appeared 
 in the book as a payment to "Cap.," the term being used to designate the point 
 Avhere the expense was incurred. 
 
 After relating my story, one of the jurymen requested permission to exam- 
 ine the book, which I handed him, and after looking it over carefully, more 
 l^articularly with reference to entries on that certain ])age containing all transac- 
 tions concerning township 11-7, he passed it to the next juryman, and in that 
 manner the book went the rounds. 
 
 I was then subjected to a cross-fire of questions from all directions, the 
 jurymen, if anything, being as deeply interested in obtaining the bottom facts as 
 Mr. Heney himself, and what one did not think of, another would, and in this 
 way they drew out of me practically everything connected with the fraudulent 
 transactions. 
 
 Page 178 
 
During- the course of my examination, I was questioned closely relative 
 to my motive in vising the term "Cap." as applicable to the amount paid to Senator 
 Mitchell, as it was noted that I had written the names out in full wherever they 
 occurred in other entries. 
 
 i\s a reply to these queries, I simply stated that I did not wish to take any 
 chances of doing the Senator an injustice in case anything should ever arise 
 whereby the book might get into the possession of someone else. In other words, 
 I had no desire to compromise him in any way at the time I made the entry. I 
 admitted that greater precaution should have been observed by me in connection 
 with other names, but I was particularly anxious to shield Senator Mitchell as 
 much as possible on account of the position he occupied. 
 
 In order that my readers may properly understand the interest displayed 
 by the jurymen, I desire to state that my recital began at 10 o'clock in the morning 
 and was not concluded until after 11. Notwithstanding the fact that I had finished, 
 I was detained in the jury room until 1 :45 P. M., the members foregoing their 
 luncheons for the time being in their eagerness to obtain all the facts. During 
 this time I was questioned closely by every member of the body. 
 
 I perceived at the outset that Senator Mitchell had many personal friends 
 on the jury ; men who would gladly have stretched a point in his favor, had cir- 
 cumstances permitted ; so it is not to be wondered at that these men were intent on 
 holding me there, that they might, by some possible chance, stem the tide that 
 was fast setting against their old-time political idol. The evidence was all too- 
 convincing, however, and it was not very long before the most pronounced 
 adherent of the distinguished Oregon statesman was willing to cry quits. 
 
 Some days later I was called upon by Mr. Heney to appear again before 
 the Grand Jury, this time to give testimony in the case of F. Pierce Mays. My 
 experience upon this occasion varied materially from that of my first appearance, 
 inasmuch as it required less than half an hour to convince the body that Mays was 
 a fit subject for indictment on the charge of conspiracy to defraud the Government 
 in connection with the 24-1 deal. 
 
 It might be stated, also, that Senator Mitchell was later on granted the 
 privilege of appearing before the Grand Jury in his own behalf, while Mr. Mays, 
 although making an urgent request to be accorded a similar courtesy, was denied 
 this privilege, it being discretionary with the Grand Jury to extend it or not, so 
 the presumption is that all the members were desirous of affording every oppor- 
 tunity for the Senator to clear his skirts of all charges. 
 
 After Senator Mitchell had concluded his testimony before the Grand Jury, 
 he started immediately upon his return trip to Washington, as he had been obliged 
 to leave his seat in the United States Senate in order to appear and give testimony 
 in his own behalf, and it was while en route across the continent that the news of 
 his indictment became known. It reached him at Spokane, Wash., where he was 
 interviewed by a representative of the Associated Press, and through which 
 medium his expressions were heralded all over the country. In the course of this 
 interview he said : 
 
 "I never saw Puter in my life until he called on me in Washington with a 
 letter of introduction from Franklin P. Mays, a friend of mine in Portland. In 
 helping him before the land oflice, I did what I had done for a thousand citizens 
 of Oregon. He told me that he had been employed by Mrs. Watson, as I recall 
 it now, to look into her matters for her. Never in the slightest degree, was the 
 matter of compensation mentioned between Puter and myself. 
 
 "I am as innocent as a babe unborn of any complicity in any land frauds in 
 Oregon or elsewhere, and if it is true that an indictment has been returned against 
 me, I assert in the most positive terms that it must be based upon the testimony 
 of self-confessed and convicted land thieves and perjurers, who have been offered 
 immunity in case they, to meet the vindictive desire of Secretary Hitchcock and 
 his agents, will, by their testimony, involve me and others in the frauds. 
 
 Page 179 
 
"The prosecuting- officer, Francis J- Heney, filled the newspapers of the 
 Unitetl States with press dispatches from Portland ten days before the Grand Jury 
 met. to the effect that 1 was involved in land frauds. I immediately left Washing- 
 ton for Portland to answer any charges made against me before the Grand Jury, 
 and I wired Heney that I desired the privilege of going before the Grand Jury to 
 answer any charges against me. 
 
 "On my arrival in Portland, I made a similar request of the foreman of 
 the Grand Jury. I was told by Mr. Heney that I could go before the Grand Jury. 
 Upon my appearance there. I was told by Heney that no evidence had been submit- 
 ted to the jury against me. I then said that if there was no charge against me to 
 answer, I was still ready to submit to any examination. This I did for two hours 
 and a half, and answered promptly all questions. I was not advised as to what the 
 charge against me was. and assured the jury that I was ready and willing to 
 answer any other Cjuestions which either Heney or any member of the jury might 
 wish to ask me, and especially did I desire the privilege of answering any charges 
 that might be made against me by any witness. 
 
 "Having been assured that no such evidence, up to that date, had been 
 submitted. I then remained in Portland, and for four days after that, and receiving 
 no word from either Heney or the Grand Jury, the latter being- in session all the 
 time, I left Portland last evening for my post of duty in Washington. 
 
 'Tf an indictment has been returned against me, I am prepared to meet it 
 before a trial jury immediately, and, in this connection. I defy the prosecuting 
 officer to produce against me one particle of evidence worthy of a moment's 
 belief which in any manner improperly or criminally connects me with any land 
 frauds, or with any confessed criminals. 
 
 "I demand a trial at the earliest possible moment, and I will return to 
 Portland whenever I can be assured by the prosecuting officer of an immediate 
 trial. 
 
 "I denounce this prosecution against me as the result of a most damnable 
 and cowardly conspiracy in which Secretary Hitchcock and this man Heney are 
 the chief conspirators, their motive being partly revenge and partly politics. 
 
 "This man Heney is a California Democrat, who is trying to blacken and 
 destroy the character of leading Oregon Republicans. That there has been land 
 frauds in Oregon, I do not deny, but speaking for myself, I do deny, in the most 
 positive and unqualified manner, that I have been in any wise, either directly or 
 indirectly, connected therewith, or received any benefit therefrom." 
 
 NOTE : The above speaks for itself. Senator Mitchell, however, in mak- 
 ing this statement, evidently had in mind that the money paid by me was handed 
 him in two $1000 bills, and not by check or draft ; therefore no documentary proof 
 could be presented in evidence against him by me. He failed to reckon on his 
 transactions with Fred A. Kribs and the services rendered him, for all of which 
 Kribs settled by check, and which cancelled checks, being placed in evidence, 
 together with an abundance of other evidence submitted at the trial, resulted in 
 Senator Mitchell's subsequent indictment and conviction. 
 
 Senator Mitchell continued on his way to A\'ashington City, and lost no 
 opportunity to denounce and villi fy me while being interviewed en route by Asso- 
 ciated Press representatives, which resulted in my being advertised throughout 
 the United States as the defamer of his character and the one responsible for his 
 indictment. 
 
 The public, in the meantime, was very much divided as to the guilt or 
 innocence of Senator Mitchell, some contending that there was probable cause 
 for the indictment, while others were very positive that such was not the case ; 
 that Mitchell was a man of established character, and altogether above reproach, 
 and besides, was too acute as a lawyer to permit himself to become entangled in 
 a shady transaction that might ultimately mean ruin. 
 
 Page 180 
 
Portion of 5, 000 acre tract of timber land in Tillamook County, Oregon 
 sold in 1898 for $4 an acre, and now held at $100 per acre 
 
And so the matter stood : some for and some against Mitchell, with the 
 preponderance of pubHc sentiment in his favor. 
 
 The opinion of the general public, at that moment, was of little consequence 
 to me. I knew, as a matter of fact, that Senator Mitchell was guilty as charged, 
 and I believed that, in due time, every statement that I made before the Grand 
 Jury would become established, and eventually appear to all as a living truth. As 
 time rolled on, however, it was evident to me that the Senator was gaining ground 
 in the public mind, and as a natural consequence, I came in for additional con- 
 demnation. This condition was becoming more pronounced daily, and finally, 
 when Senator Mitchell made his famous speech before the United States Senate, at 
 which time, as is well-known, every Senator was in his seat, with the galleries 
 crowded to their utmost capacity, and after two hours of impressive defense was 
 applauded to the echo, it was plain to be seen that I stood convicted, in the estima- 
 tion of the public, of trying to drag the distinguished statesman's name into 
 everlasting mire. 
 
 My position was certainly an unenviable one, as the speech of Senator 
 Mitchell had placed me in contempt of some of my old-time friends, as well as in 
 the eyes of the world at large. 
 
 When the Oregon State Legislature, which was then in session, unani- 
 mously adopted resolutions indorsing Senator Mitchell, it appeared, for the time 
 being, that the last nail had been driven into my coffin. I even felt considerable 
 diffidence about appearing upon the streets of Portland, because whenever I did 
 I was sure to be accosted with the remark, "What did you mean, Puter, by lying 
 so about Senator Mitchell and causing his indictment?" while others were equally 
 as severe in their comments concerning my action. It finally came to pass that 
 well-known acquaintances would go disdainfully by me without even the slightest 
 token of recognition, as if shunning contamination with one so vile as myself. 
 
 As an illustration of the idea, I append herewith extracts from the Senator's 
 speech, which occupied two hours in delivery, together with the full text of the 
 resolutions of confidence adopted by the Oregon Legislature : 
 
 ANSWER 
 
 of 
 
 SENATOR JOHN PL MITCHELL, 
 
 of Oregon, 
 
 to 
 
 CHARGES MADE AGAINST HIM. 
 
 REMARKS IN THE SENATE OF THE UNITED STATES, 
 JANUARY 17, 1905. 
 
 PERSONAL EXPLANATION. 
 
 MR. MITCHELL: Mr. President. I arise to a question of personal privi- 
 lege. 
 
 The PRESIDENT, pro tempore : The Chair recognizes the Senator from 
 Oregon for that purpose. 
 
 MR. MITCHELL: Mr. President and Senators: Recent events, with 
 which you are all familiar, make it incumbent upon me to come into your presence 
 at this time and make answer to charges made against me in the public press and 
 by a Grand Jury, and which charges, if true, unfit me to occupy this seat longer. 
 
 The charges, as spread broadcast through the public press, throughout the 
 length and breadth of the United States — and this is in substance and efifect the in- 
 dictment reported — are to the efifect that in January, 1902, in the State of Oregon, 
 I entered into a conspiracy with Binger Hermann, the Commissioner of the General 
 Land Office, and with one, S. A. D. Puter, Horace G. McKinley, D. W. Tarpley, 
 
 Page 182 
 
Emma L. Watson. Salmon B. Ormsby, Clark E. Loomis, William H. Davis, and 
 others, to defrand the United States out of a portion of its public lands, situated 
 in Township 11 South, Range 7 East, Willamette Meridian, in the State of Oregon, 
 by means of false and forged applications, affidavits and proofs of homested en- 
 tries and settlement; and further, it is charged, that in furtherance of said alleged 
 conspiracy, and to effect the objects thereof, said S. A. D. Puter did, on the 9th 
 day of March, 1902, pay and deliver to me the sum of $2000, in money of the 
 United States, the same being paid to me, as asserted by Puter, in the bills of the 
 denomination of $1,000 each, to induce me to use my influence as a Senator with 
 the said Binger Hermann, Commissioner of the General Land Office, to induce 
 him, as such Commissioner of the General Land Office, to pass to patent 12 home- 
 stead entries, then pending before the General Land Office, covering lands in the 
 State of Oregon, and each and all of which entries, it is alleged, were based upon 
 false and forged homestead applications, affidavits, and proofs, and that in pursu- 
 ance of such conspiracy, it is alleged, I did use my influence with said Binger 
 Hermann, Commissioner of the General Land Office, to induce him to pass to 
 patent said 12 homestead entries, knowing they were fraudulent. 
 
 These are the charges made against me, and which I am called upon to 
 answer. My answer is as follows : 
 
 I assert in the most positive and unqualified manner, that each and every 
 one of these charges, insofar as they relate to or involve me. are absolutely, 
 unqualifiedly and atrociously false, and I here and now indignantly and defiantly 
 denounce their authors, and each and every one of them, and brand them publicly 
 as malicious and atrocious liars. 
 
 But I desire to be more specific, and therefore I further deny, in terms the 
 most absolute and unqualified which I am capable of using, that I ever, either in 
 the month of January, 1902, in the State of Oregon, or at any other time or place, 
 unlawfully or feloniously, or otherwise, conspired with Binger Hermann, then 
 Commissioner of the General Land Office, and S. A. D. Puter, Horace G. 
 McKinley, D. W. Tarpley, Emma L. Watson, Salmon B. Ormsby, Clark E. 
 Loomis, and William H. Davis, or with either or any of them, or with any other 
 person or persons, to defraud the United States out of any part of its public land, 
 located either in Township 11 South, Range 7 East, in the State of Oregon, or any 
 other public lands either in the State of Oregon or elsewhere. 
 
 I assert furthermore, in the most absolute and unqualified manner that any 
 and all statements by any person or persons to the effect that I ever, at any time or 
 place, entered into a conspiracy with all or any of said persons, or they, or any of 
 them, with me, to defraud the United States out of any part of its pulDlic lands in 
 the State of Oregon or elsewhere, either by false or forged homestead applications, 
 affidavits, or proofs, are absolutely, unqualifiedly, and atrociously false, and I defy 
 my defamers and challenge them to produce any evidence, other than that of 
 condemned thieves, forgers, and perjurers, to sustain any such charges. 
 
 I further deny, in the most absolute and unqualified terms, that said S. A. 
 D. Puter did, either in the City of W^ashington, on March 9, 1902, or at any other 
 time or place, offer me, or pay to, or give me — nor did I on March 9, 1902. in 
 Washington, D. C. or at any other time or place, accept or receive from S. A. D. 
 Puter — the sum of $2000 or any other amount whatever, either in two $1000 bills, 
 or any other denomination or amount whatever, as an inducement to use my 
 influence with Binger Hermann, then Commissioner of the General Land Office, 
 to induce him as such Commissioner to pass to patent 12 certain homestead entries, 
 or any homestead entries whatever, or for any other purpose. 
 
 And I here indignantly, with all the force I can command, denounce the 
 public statement of S. A. D. Puter, that he, on March 9, 1902, at Washington, D. 
 C, paid me $2000 in two $1000 bills, as wilfully, maliciously, unqualifiedly, and 
 atrociously false, aiid I denounce the said S. A. D. Puter — this self-confessed and 
 duly convicted land thief, forger, and perjurer, who, with his associates, facing 
 the penitentiary, as having under promise of leniency or clemency, made by Francis 
 
 Page 183 
 
Foothills of the Big Horn Mountains in Wyoming, located 
 by "dummies" as timber land 
 
 J. Heney, prosecuting officer representing" the Government, made this infamous 
 and atrociously false charge against me for the purpose and with the expectation 
 of saving himself and his convicted partners in crime from deserved punishment. 
 
 Verbatim Copy of Resolutions Adopted by the Oregon State Legislature, in Ses- 
 sion Wednesday, February 8, igoj: 
 
 WHEREAS, A rumor has been circulated to the efifect that the Legislature 
 of the State of Oregon intended at the end of a 40 days' session to adjourn to a 
 day certain instead of adjourning without day, and that such action was to be 
 taken on account of want of confidence in the Senior Senator from the State of 
 Oregon, Hon. John H. Mitchell. 
 
 WHEREAS, Said rumor was wholly without foundation therefor. 
 
 WHEREAS, The State of Oregon is under a lasting debt of gratitude to 
 our Senior Senator for long years of faithful, honest and efficient service. 
 
 WHEREAS, During all of those years of public service no charge has 
 been made detrimental to the personal honor or integrity of the Senior Senator 
 until his recent indictment by the Federal Grand Jury. 
 
 WHEREAS, This Legislature, believing in the personal honor and integ- 
 rity of our Senior Senator, and desiring to express to the world our belief in his 
 innocence, 
 
 RESOLA'ED, By the Senate, the House concurring, that this biennial ses- 
 sion adjourn without day on the 17th of February, 1905, not later than 6 P. M. 
 
 RESOLVED, That we declare our continued faith in the honesty, honor 
 and integrity of our Senior Senator, Hon. John H. Mitchell, and that we at this 
 time extend to him a vote of thanks for the 22 years of faithful service by him 
 rendered to our State and Nation, and hereby record our hope and belief that his 
 good name and the fair name of our State will be cleared from any charge of any 
 nature whatsoever. 
 
 When all this came out, it appeared to me, and I was convinced at the time, 
 that even Prosecutor Heney himself questioned the truth of my statements ; and 
 
 Page 184 
 
I was quite sure, beyond the question of doubt, that many of the Grand Jurors 
 who indicted Senator MitcheU had changed their minds and beheved- tJiey had 
 made a great mistake, and one for which they could never atone. 
 
 Never a day passed but what I would be accosted by one or more of these 
 men, every one of whom was of the opinion that a great wrong had been done 
 Senator Mitchell, and they were not backward in telling me that I would make a 
 fine subject for a coat of tar and feathers unless I could substantiate every word 
 of my statements before them. In other words, I must prove my case, for just as 
 sure as Senator Mitchell is acquitted, just so sure shall I get all that is coming 
 to me. 
 
 The conditions, as presented to me by my friends and the public at large, 
 were assuming a very serious aspect. I knew that I had told the truth — the whole 
 truth, in fact — but at the same time a feeling of unrest came over me, and I feared 
 for the outcome of Mitchell's trial, as I was forced to believe, because of the tre- 
 mendous influence which would be brought to bear, and of public opinion, which 
 was almost unanimous in favor of the Senator, that he would not be convicted 
 upon my testimony. 
 
 I had really no desire to cause Senator Mitchell's downfall, up to the time 
 of his denouncing me after he learned of my conviction. Before that date, I 
 entertained only the most kindly feelings towards the old gentleman ; but he had 
 spoken unadvisedly, most severely and with apparent intent to cause me additional 
 worry and annoyance ; and now, that I had turned against him in a spirit of retalia- 
 tion, and had presented the evidence which I knew, of my own certain knowledge, 
 to be true, but which, because of the condition of the public mind, was not suffi- 
 cient to convict, I must, of necessity, fortify my position with additional proof, 
 and that, too, of a most convincing" character, else I must retire from the scene in 
 utter contempt of all mankind. 
 
 The one thought uppermost in my mind was, how am I to produce addi- 
 tional evidence? This question I had debated with myself over and over again. 
 It rose up before me constantly like Banquo's ghost, and would not down. It 
 must be done — but how ? Finally a thought struck me — the Senator had accepted 
 money from a friend of mine, the latter having called upon him at my suggestion, 
 at which time arrangements were entered into between them whereby Senator 
 Mitchell was to receive the sum of $25 for each and every patent expedited by 
 him. 
 
 This man was Frederick A. Kribs, Pacific Coast representative and finan- 
 cial agent of C. A. Smith, the millionaire lumberman of Minneapolis, Minn. 
 
 As a matter of fact, I was familiar with Kribs' method of doing business, 
 and was aware that in all transactions involving the use of money, he invariably 
 made his payments by check drawn on a certain local banking house where he 
 kept his deposits. It only remained for me to force Kribs into a position where 
 he must testify as to his relations with Senator Mitchell, in which testimony he 
 would be required to make mention of all moneys paid to the Senator for his 
 services as indicated, and in substantiation of his statements relative to such pay- 
 ments, must produce the cancelled checks, which bore the indorsement of Senator 
 Mitchell or his firm, which would become documentary evidence of the most 
 convincing nature. 
 
 I then called to mind a certain deal I had with C. A. Smith, which was 
 consummated through his agent Kribs, wherfeby Smith became possessed of title 
 to 33 quarter sections of timber lands in Township 14 South, R. 3 and 4 East, in 
 Linn county, Oregon, full details of which may be found in a preceding chapter. 
 
 At the time of transfer of these claims, it was then that I advised Kribs to 
 tie up with Senator Mitchell in the matter of having the patents pulled out, which 
 he agreed to do. Later, when I called upon Mr. Smith in Minneapolis for the 
 purpose of efi^ecting a settlement, the sum of $25 was deducted by Smith on each 
 and every claim, and when I asked for an explanation, he stated that this amount 
 had been paid to Senator Mitcliell by his agent Kribs, in Portland, Ore., for his 
 
 Page 185 
 
services in expediting- the patents. 1 objected at the time to standing the amount 
 named, as I did not consider that this item of expense should be charged against 
 me. Smith, however, insisted upon my bearing the whole thing, and while it was 
 a hold-up, pure and simple, I became reconciled to it upon the basis that he was a 
 heavy timber land operator, and inasmuch as I expected to do further business 
 with him, the opportunity might be afiforded me in due time of squaring accounts 
 in some wa}'. 
 
 After reviewing these incidents in my mind, I decided to adopt some process 
 of forcing Kribs to produce this evidence, thereby vindicating my own position 
 before the public as much as possible. 
 
 I then called to mind the gigantic frauds perpetrated l)y Kribs in the matter 
 of acquiring title to vast tracts of land, not only for Smith, but for other Eastern 
 capitalists and speculators as well, in all of which operations since his acquaintance 
 with Senator Mitchell, it is presumed that the latter received his $25 bonus upon 
 earh claim patented through his efforts and influence as a United Sates Senator. 
 
 Under the circumstances, I felt that there must be some way of forcing" 
 Kribs into the open, and while I had no desire to besmirch his name in any way, 
 notwithstanding the fact of his refusal to go upon my bond, or of his desertion in 
 my hour of need, I was willing to forego the rebut in his particular case, provided, 
 however, that in overlooking him, which was viewing the matter from a purely 
 friendly standpoint, I would not be driven into a still more compromising position 
 myself. I found, after a careful canvass of the situation, a plan to make Kribs 
 divulge the desired information, but it became necessary for me to arrange my 
 plans in such wav that he W'ould have no possible chance to sidestep me at the 
 critical moment. In other words, it became necessary for me to get the dope on 
 Kribs. personally, and then, through promise of immunity from punishment, 
 compel him to give up on Mitchell. 
 
 In order to accomplish my ends, I decided that it would be necessary for 
 me to appear before the Federal Grand Jury again, and to give testimony that 
 v^ould warrant indictments being returned against C. A. Smith, as well as Kribs. 
 
 I believed this within my power, and at the same time, I considered it possi- 
 ble, in the event of Kribs telling the whole truth relative to his dealings with 
 Senator Mitchell, that I could, at some later date, bring sufficient influences to bear 
 to secure the quashing of these indictments. My first step, therefore, if I hoped 
 to accomplish my purpose, was to call upon Special Prosecutor Heney with a view^ 
 of feeling his pulse, in a way. Upon entering his office, I said: 
 
 "Mr. Heney, during the course of your argument at the time of my trial 
 in the 11-7 case, you remarked that there was no man too big, nor were there 
 any too small, to escape prosecution by you, if it could be proven that he was 
 guilty of committing fraud against the Government, and further, that you would 
 prosecute the President of the United States himself if the crime was traced to 
 his door. Did you mean that?" 
 
 "I certainly did," responded Mr. Heney; "and if you or anybody else can 
 produce the evidence. I am ready to proceed." 
 
 "Very good," said I. "I know of a man, C. A. Smith, of ]\Iinneapolis, 
 Minn., reputed to be worth millions, who has defrauded the Government out of 
 upwards of 100,000 acres of timber lands in this State within the past four years, 
 most of which was taken up under the Timber and Stone Act of June 3, 1878, by 
 the process of 'dummies' operated through his agent, Fred A. Kribs, the hired 
 locators being furnished the cash necessary in meeting all expenses by Smith and 
 Kribs, and being under contract with the latter prior to filing whereby they were 
 to turn over their claims to them as soon as they got title." 
 
 "Just furnish me with a list of names of these entrymen, together with a 
 description of the tracts," replied Mr. Heney, "and I will commence proceedings 
 immediately." 
 
 I thereupon related all of the circumstances connected with the transfer 
 of the 33 claims in Township 14 South, Ranges 3 and 4 East, heretofore described 
 
 Page 186 
 
Clerk J. E. Casey, of the General Land Office, an important witness 
 for the Government at the trial and conviction of Senator Mitchell 
 
 in detail. I also informed Mr. Heney that I had full knowledge concerning be- 
 tween 75 and 80 claims, or quarter sections of 160 acres each, located in Coos and 
 Douglas counties, Oregon, which were acquired by Smith in a similar manner to 
 those referred to. 
 
 He was very much interested, and desirous of learning full particulars. 
 I did not, of course, disclose to him my real object in bringing these cases to the 
 light of day, which, as my readers may surmise, was for the purpose of forcing 
 Kribs to show his hand in order to strengthen the case against Senator Mitchell. 
 
 I then furnished Mr. Heney with a complete list of names of the entrymen, 
 together with full descriptions of the lands involved, after which he wired to the 
 General Land Office at Washington for all final proof papers and other documents 
 pertaining to the titles. 
 
 Upon their receipt at his office in Portland, the proof papers were imme- 
 diately turned over to William J. Burns, of the Government Secret Service, with 
 instructions to round up all the entrymen, or as many of them as could be found, 
 and to subpoena them to appear before the Federal Grand Jury and give testimony. 
 
 Burns at once dispatched his army of assistants to all parts of the State, 
 wherever it was likely one or more of the entrymen could be found, the majority 
 of them being unearthed at Sweet Home, a remote district of Linn County, Ore- 
 gon, while a number were gathered in from around Roseburg. 
 
 As fast as they were served with subpoenaes, their future movements were 
 carefully watched by Secret Service men from the very moment that service of 
 subpoena was secured until their arrival in Portland, and up to the time for their 
 appearance before Burns and making their affidavits. These precautionary meas- 
 ures developed the fact that some 25 or 30 of the entrymen, who had been 
 subpoenaed from Sweet Home, had first consulted the two Mealey Brothers of 
 that place previous to going to Portland, their object being, as it was discovered 
 afterwards, to apprise the Mealeys of the situation and receive instructions, as it 
 will be remembered that it was through the Mealey brothers that they had filed 
 locations in the interest of Smith. 
 
 Page 187 
 
The presumption was, when the Government officers became cognizant of 
 what was going on, that the .Mealeys advised the entrymen to report to Fred. 
 Kribs in Portland before appearing before Heney and Burns, and these deductions 
 proved to be correct. 
 
 It was also ascertained that the entrymen from Roseburg first called upon 
 John Givens, of that place, who was acting there in a capacity similar to the 
 Mealeys in Sweet Home — that of handy man for Kribs, who, in turn, was Smith's 
 right hand bower in the matter of the fraudulent acquisition of timber lands. 
 
 When the Sweet Home and Roseburg contingents arrived in Portland, they 
 immediately reported to Kribs at his residence, 24th and Irving streets, as was 
 suspected they would do. each remaining in consultation with him from one to two 
 hours. These visits usually took place some time during the evening, immediately 
 preceding the day they were expected to appear before Heney, and in this 
 way they were known to have gone there in groups of from one to six at a time, 
 and in some instances as high as eight or more were entertained by Mr. Kribs 
 simultaneously. 
 
 As rapidly as they appeared at Heney's office, they were turned over to the 
 tender mercies of Detective Burns, who would proceed in a good-natured way to 
 draw out of them what purported to be the facts connected with their location of 
 the timber claims. This sympathetic feeling was all assumed by Burns, however, 
 for the purpose of leading them into a trap, as he was perfectly aware from the 
 very beginning that they were making false affidavits, and it will be shown subse- 
 quently how their own statements under oath were used as a leverage to force 
 them to tell the truth. 
 
 Burns would proceed by asking them to state their name, age, residence 
 and occupation ; how they first came to file on the land ; if it was through their 
 own knowledge, or information they had gained from some other source, and if 
 the latter was the case, by wdiom they had been located. He w'ould then ask them 
 if they had entered into any previous contract under which they were to sell the 
 land to anybody after the issuance of final certificate ; if their own money had been 
 used in making payment, and if not, from whom the money w'as obtained, and if, 
 in event of its being borrow^ed, they had in any wise incumbered the land ; also, 
 if they had taken the land up expressly for their own use and benefit, and for the 
 use and benefit of no other person or persons whomsoever. 
 
 They were next asked if they still retained title to the land, and if not, to 
 whom it had been disposed of, and for what consideration. Also if they had 
 appeared before any Special Agent of the General Land Office after making final 
 proof for the purpose of making affidavit regarding their entry, and if so, before 
 whom they had appeared, and the nature of such affidavit. 
 
 These questions being asked, and the answers given, were each in turn 
 taken down in shorthand by Irvin Rittenhouse, Mr. Heney's private secretary, 
 and were later reduced to typewritten form. In the meantime, each affiant was 
 directed to appear again later in the day for the purpose of subscribing to his 
 affidavit, and being sworn. 
 
 Upon their return. Burns would hand each witness his statement, with 
 instructions to carefully examine same, and note that every answer therein was 
 true and correct, as it would become necessary for all to be sworn, as well as appear 
 before the Grand Jury and answer these questions under oath. 
 
 Before permitting the entrymen to attach their signatures and be sworn, 
 however, Burns would invariably read them the law relating to perjury, and the 
 penalty for such crime as prescribed by the United States Statutes, at the same 
 time cautioning them not to attach their signatures unless each satement was abso- 
 lutely true. It is a fitting commentary that not one of them hesitated in the 
 slightest degree to attach his signature to what he knew to be a tissue of false- 
 hoods. 
 
 In the meantime. ]\Ir. Heney was on the anxious seat for results, and it 
 was plainly apparent that he was disappointed in the progress being made by Burns 
 
 Page 188 
 
to break down the entrymen. While Burns had succeeded in obtaining a large 
 number of affidavits, Heney was convinced that the evidence thus adduced was not 
 of sufficient value to warrant its introduction before the Grand Jury, if there was 
 any hope of securing indictments. 
 
 While these affidavits were being taken, I was in an adjoining room, and 
 after a number of them had been collected, I perceived, in reading them over, that 
 not a single person had told the truth. These entrymen, with many of whom I 
 was personally acquainted, had no knowledge of my interest in the matter, little 
 thinking that I was in the background and keeping in touch with all they had said, 
 and everything that was being done. Had they realized the real situation, knowing 
 as they did that I was familiar with every phase of the fraudulent character of 
 their claims, including their contract to convey the lands to Fred Kribs tor the 
 benefit of C. .A.. Smith, perhaps they would have hesitated somewhat before com- 
 mitting- such rank perjury. 
 
 While these examinations were taking place, and something like 35 or 40 of 
 the entrymen had given their testimony and had signed the false affidavits, I hap- 
 pened into room 212, at the Portland Hotel, where Heney had his office, and was 
 handed a certain statement by Mr. Rittenhouse which he had just completed 
 writing, but which had not yet been signed. It had been made by Allie Houser, a 
 young man from Roseburg. 
 
 Upon reading this statement, I informed Burns, who was present, that I 
 desired to question Houser somewhat after he had attached his signature to the 
 document and had been sworn thereto. Burns, in assenting to the proposition, 
 remarked that Houser would probably be in to sign it about 5 o'clock that evening. 
 
 Promptly upon the hour young Houser appeared, and was handed his state- 
 ment by Burns, with the usual injunction to peruse it carefully before signing, so 
 as to make sure that it was strictly true and correct. I had not been introduced to 
 him, so he had no idea as to my identity, and, as I occupied my time by pretending 
 to read a newspaper, scarcely any attention was paid to me. 
 
 After reading the document, the young man pronounced it all right, declar- 
 ing that he found no changes to make, and was about to affix his signature 
 when Burns addressed him in this fashion : 
 
 "Mr. Houser, you are a very young man, and before signing that statement, 
 I feel that it becomes my duty to caution you still further. You must bear in mind 
 that you are making a sworn statement, and one which, if found to be false in any 
 particular, renders you liable to prosecution. I must insist, therefore, that you 
 exercise extreme care, and make no statement therein that is not absolutely 
 correct. Furthermore. I wish to state that you will be required to appear before 
 the United States Grand Jury and give testimony to that body under oath as to the 
 truth of every answer you have made to the questions in that document before 
 you." 
 
 The young man put on a bold front, and expressed a willingness to sign the 
 paper exactly as written, remarking that every word contained therein was true. 
 He thereupon attached his signature, and he had no sooner done so than Burns 
 turned to me, and without mentioning my name, said : 
 
 "Have you anything to say to this young man?" 
 
 "Anything to say?" I repeated ; "well, I should say that I have!" 
 
 Then addressing Mr. Burns, I inquired for ]\Ir. Heney, and upon being 
 informed that he was in the next room, requested his presence. 
 
 When Mr. Pleney came in, I picked up the affidavit that Houser had just 
 signed, and remarked : 
 
 "Mr. Heney, I have sat here and witnessed this young man sign his state- 
 ment, which, as it stands now, is his sworn affidavit. I was present when Mr. 
 Burns, before permitting him to affix his signature, cautioned him concerning the 
 consequences if it was found that he had committed perjury, and I listened to his 
 declaration to the effect that he had read the statement carefully, found no omis- 
 sions or mistakes, and that it was absolutely true." 
 
 Page 189 
 
"Have you any reason for believini!^ otherwise. ]\Ir. I'liter?" inquired the 
 Government jirosecutor. 
 
 "To beHeve otherwise?" I echoed. "Why, I not only beHeve it, but I know 
 as a positive fact, that every statement contained in that affidavit, outside of the 
 portion relating" to the young- man's name, address and occupation, is an absolute 
 falsehood from beginning- to end. Not one word of it is true. It appears to me, 
 Mr. Heney," I continued, "that this young man does not properly understand the 
 nature of an oath, else he never would have permitted himself to sign that docu- 
 ment. It looks, indeed, that he is determined to break into the penitentiary, where 
 he will very probably land, if he continues to insist upon the truth of this affidavit." 
 
 Mr. Ileney. remarking that he would like to explain to the young man 
 the ])enalty for making a false oath, picked up one of his law books, and read 
 therefrom the statute relating to the crime of perjury, the extreme penalty for 
 which was imprisonment for a term of five years. After Mr. Heney had con- 
 cluded. I walked up to Houser, and looking him squarely in the eyes, said : 
 
 "Young man, I know the circumstances surrounding your connection with 
 this claim — I know all about it. in fact, from A to Z, and I know, as I have just 
 stated to Mr. Heney, that when you swore to it before Mr. Burns, you did so 
 knowing- that it was false from beginning to end. Now, sir, that claim, to my 
 certain knowledge, is known as the 'Josephine Jacobs Claim,' and was taken up 
 originally by her through me something over three years ago. Miss Jacobs made 
 final proof and sold the claim to Fred. A. Kribs. The entry was later suspended 
 by the Commissioner of the General Land Office, for the reason that, upon exam- 
 ining the papers, it was discovered that she was under the age of 21 years when 
 the final proof was made." 
 
 (Note: — It might be stated, incidentally, that at the time of making her 
 final proof on this claim. I\Iiss Jacobs was asked by the Register of the Roseburg 
 Land Office if she was of age, and received an affirmative answer, she being under 
 the impression that 18 years constituted lawful age. Under the laws governing 
 the acquisition of Government lands, how^ever, a person must be 21 years old at 
 the date of entry. Special Agent Loomis — of 11-7 notoriety — had been sent to 
 investigate the fraudulent character of the 33 entries embraced in the Township 14 
 South, Ranges 3 and 4 East, deal, heretofore referred to. and while securing- an 
 affidavit from Miss Jacobs, had asked her to state her age, which she then declared 
 was 20 years. The discrepancy was discovered in the General Land Office, and 
 the entry was suspended accordingly, Miss Jacobs being allowed 60 days in which 
 to show cause why her entry should not be cancelled.) 
 
 "You will perceive now," I continued, "that I know something about that 
 claim of yours, and when I received information relative to its cancellation, I 
 advised Mr. Kribs of the situation, and requested that he get someone else to file 
 on the land immediately, whereupon he informed me that his locator, John Givens, 
 had met you on the streets of Roseburg, and told you that if you would file on this 
 particular tract, he would furnish you with the necessary funds with which to 
 prove up, and give you a bonus of $100 for your right as soon as final proof was 
 made. You acquiesced in this arrangement, and carried out your portion of the 
 agreement to the letter. I know, also. Mr. Houser, that after your conversation 
 with Givens you proceeded at once to the Land Office up stairs, where you filed 
 an application for the land without ever having seen it, although you made oath 
 that you had been over each legal subdivision thereof. 
 
 "On account of the interference of the Josephine Jacobs claim, which had 
 not yet been cancelled, your application was rejected, whereupon I secured her 
 relinquishment and forwarded it to Givens, who filed it in the Land Office simul- 
 taneously with your application, and the latter was then placed on file. 
 
 "Givens not only attended to advertising your notice of final proof, but 
 also furnished the witnesses and money necessary to make all payments, and 
 everything that you did in connection with the matter was to appear before the 
 Register of the Land Office and make oath that you had been over the land; that 
 
 Page 190 
 
A glimpse of the High Sierras, from an elevation of 8000 feet 
 
 it was taken up for your own use and benefit, and that you had paid for it with 
 your own money, knowing at the time that you had perjured yourself. Imme- 
 diately after you had sworn to that pack of lies you went into the office of Frank 
 E. Alley, adjoining', and there executed a deed to the land in favor of Frederick A. 
 Kribs, without inserting- any date." 
 
 During the time I was relating to the young man, in the presence of Heney 
 and Burns, the facts connected with his entry as I knew them to be, I could see 
 that he was visibly afifected, and especially so at the close of the recital, when his 
 face assumed an ashen pallor, and his whole frame trembled like an aspen leaf. 
 For a time he was unable to find voice, but finally managed to arise from his 
 seat, and grasping Burns by the hands, with a look of utter despair, begged for 
 mercy in the most piteous manner possible. 
 
 "This is the first time in my life that I have ever sworn to a lie," he said, 
 with tears trickling down his cheeks; "and now, what am I to do? Oh, my poor 
 wife, with her two-days'-old babe! She will hear of this, and I am disgraced 
 forever !" 
 
 With that remark, Mr. Heney and myself, being of a common mind in not 
 wishing to add to the humiliating spectacle, quietly withdrew to an adjoining room, 
 leaving the young man alone with Burns. 
 
 Through the door we could overhear the famous detective giving Houser 
 some fatherly advice, assuring him that all he wanted was the truth, but this he 
 must have above all things. Feeling greatly encouraged by Burns" talk with him, 
 the young man made a complete confession of his entire connection with the case, 
 along the lines indicated in my harangue to him, and after signing and attesting 
 his amended affidavit, took his departure with the air of one from whose soul the 
 weight of a great sin had been lifted. 
 
 About this time the two Mealey brothers, who had located between 45 and 
 50 entrymen on timber claims in the interest of Kribs, paying them the insignifi- 
 can sum of $50 each for their rights, put in an appearance, they having been 
 subpoenaed previously to appear before the Federal Grand Jury and give their 
 testimony. 
 
 These two men proved to be hard nuts to crack, as they refused to answer 
 any questions that might involve them, or give Burns any satisfaction whatever 
 in the matter of signing affidavits, stating that they preferred to give their evi- 
 dence direct to the Grand Jury. 
 
 Pags 191 
 
As they had been trailed from the time of service of subpoena, it was ascer- 
 tained that they were in frequent conference with Kribs, and would intercept 
 every Government witness that had been summoned from the Sweet Home 
 country as soon as he reached Portland, and coached as to the testimony to be 
 given before Burns and the Grand Jury. 
 
 This they had continued to do from day to day, but as they were being 
 "shadowed" constantly by Secret Service men. who had reported their every 
 movement, no concern was felt on this account, as each day, because of their 
 coarse work and anxiety to aid their master, only served to entangle them more 
 hopelessly in the meshes of the law. 
 
 As the different entrymen appeared and made their affidavits before Burns, 
 it was discovered that seven out of a party of eight who had taken up claims at 
 the instigation of the Mealey brothers, had made false oaths, we having positive 
 knowledge that they were stating falsehoods. A typical mountaineer named 
 Andy Nicholls was the last of this bunch to show up, and Burns determined 
 to break him down if possible, by employing the same tactics used in the case of 
 Allie Houser. 
 
 "Now, Andy," said the celebrated sleuth, in his most patronizing tone of 
 voice, at the same time slapping Nicholls familiarly upon the back, "I want you 
 to be sure and tell the whole truth about this matter, because I understand 
 you are a pretty honest fellow^"" 
 
 "Yaas," drawled Nicholls, with a pleased expression, "that's what my ole 
 dad told me jest before I left Sweet Home. 'Now, Andy,' sez he, 'Andy, I want 
 yer fer ter tell the truth when you git down yander, becoz it wud break yer 
 poor ole mother's heart if yew said anything that hain't so,' an' hyer I am, an' if 
 I hain't a goin' ter tell ye the truth an' nothin' but the truth, so help me Bob, yew 
 kin shoot me fer a mangy coyote." 
 
 "That's good !" responded Burns, gleefully, at the same time striking the 
 quaint mountaineer for a quid of tobacco, just to show that his heart was in the 
 right place, and giving him a 14-karat nudge in the short ribs ; "that's the right 
 dope, old man ! That's something like ! And now, let's get busy, and unload this 
 whole cargo of sin that has been playing hide-and-go-seek with your conscience 
 so long!" 
 
 Well, Andy sat down, and with one of his long legs thrown carelessly 
 around in dangerous proximity to a costly piece of statuary, and the other cocked 
 up on Heney's favorite mahogany center table, between deluges of tobacco spit 
 on Landlord Bowers' expensive rugs, proceeded to unlimber one of the choicest 
 bits of romance that any of those present had ever heard. It was certainly a 
 peach, and when Private Secretary Irvin Rittenhouse had finished transcribing 
 it on the typewriter Burns seized the tongs and brought the statement in to me. 
 
 It was so uproariously funny that anybody but a blind man could see that 
 the wily Government official did not take him seriously. 
 
 After Burns and I had laughed over its contents until there was danger 
 of an apoplectic fit, and I had pointed out certain features of the statement that 
 were notoriously false, Burns took it back to Andy, and laying it down tenderly 
 in his lap, remarked : 
 
 "I always heard you were the greatest joker in Linn County, Andy, but 
 I never thought you would try and play any of your pranks on your Uncle 
 Samuel," and poking the uncouth son of the forest in the ribs for about the 
 hundredth time. Burns continued : "I never saw the point of your joke until I 
 got your statement in the next room and compared it with some of my records, 
 and it is too funny for anything. Now, go on. Andy, and don't give us any more 
 of your nonsense !" 
 
 "Yaas," replied Andy, still smiling and hitting imaginary buUseyes on the 
 carpet, "I jess thought as how I'd kinder fool you uns right smart an' find out 
 how much yew knew about them air doin's ! \\'aal, here goes now ; no more 
 monkey business this time fer sure !" 
 
 Page 192 
 
A typical mountaineer named Andy Nicholls 
 
He thereupon sat down again and dictated a second statement to Ritten- 
 house, which, while it possessed a certain element of truth, was far from being 
 a recital of all the facts as I knew them to exist. I could see very plainly that 
 it was not the intention of Nicholls to come through with the goods unless he 
 w^ere forced into a corner where there was no escape for him by any other loop- 
 hole ; so I thereupon requested Burns to let me handle him for a while, and put 
 him through the preliminary paces, as it were. 
 
 Taking him down the hallway, I lined him up against the wall and pro- 
 ceeded to read the riot act to him in great shape, with the result that when 
 Nicholls returned, he was ready to cough up everything. His story, as embodied 
 in the affidavit which he afterwards signed, was as follows : 
 
 "About the time those lands were being taken up for C. A. Smith, through 
 his agent. Fred A. Kribs, of Portland, I learned that the Mealey brothers were 
 paying $50 each for persons to take up claims, and as I thought that I couldn't 
 make money any easier than that, I called on the Mealeys and asked them if I 
 could get in on a claim, and if so, what would they pay me. 
 
 "Jud JNIealey told me that he expected to take a party of fellows to Oregon 
 City the next day to file on some timber claims, and if I wanted to go along I 
 could do so; that he was paying the expenses of the trip and the filing fees, and 
 at the time of making final proof, would furnish the money for that purpose 
 also, and at the same time would pay me a bonus of $50 for a deed to the claim. 
 I thought that would be all right, and concluded to join the party, and the next 
 day we all went together to the Oregon City Land Office. Those in the party be- 
 sides myself were Farmer Malone, Thomas Burgett, Henry R. Slavens, J. Gilli- 
 land, George W. Slavens and O. J. Mealey. 
 
 "At Oregon City we filed on the claims, the descriptions of the land being 
 given us prior to our arrival there by Jud Mealey. When we got through there, 
 we returned to Sweet Home, and about six weeks after that, the date set for 
 making final proof, we all went down again to the Oregon City Land Office, 
 and Mealey took the boys down under the big bridge and handed each of us $410 
 with which we were to pay for the land, and he told us how to answer the ques- 
 tions when we made the proof. We then went to the Land Office and proved up, 
 paying over the money and receiving our final certificates, after which we pro- 
 ceeded across the street to a notary public's office, where we signed deeds trans- 
 ferring our claims. I don't know who we signed the land over to, but as Mealey 
 had told us it was for Fred. Kribs, I suppose he got all the land. 
 
 "After this we returned to the bridge again, and after handing our deeds 
 and final receipts over to Jud Aiealey, he gave us $50 apiece, besides enough 
 money to take us home on." 
 
 When Nicholls had concluded his narrative. Burns seemed much pleased 
 as he believed this story to be true, and expressed the opinion that Andy would 
 make a good witness for the Government, and in appreciation of his action in 
 divulging the whole truth, Burns decided to appoint Nicholls as an assistant in 
 the Secret Service Department, realizing that he would be a valuable man in 
 helping to round up a number of the Sweet Home locators, who had eluded the 
 officers in the first instance, and taken to the tall timber. 
 
 In this capacity Andy proved to be of exceptional value to the Govern- 
 ment, as he had been born and reared in the Sweet Home country and was 
 thoroughly familiar with every nook and corner; hence it was largely due to his 
 efforts that the entire bunch was finally brought into camp. 
 
 The confessions of Allie Houser, of Roseburg, and Andy Nicholls, of 
 Sweet Home, soon became known, which fact caused general consternation 
 among those who had previously appeared and made false affidavits. On top of 
 this came the news that I, too, had joined forces with the Government, and was 
 lending my assistance to Burns in the matter of securing evidence, so those who 
 had been used as "dummies" to make the timber entries decided that the jig was 
 up, and it was only a question of time then as to how they could square them- 
 
 Page 194 
 
selves. Especially was this the case with those whom I had personally located 
 on claims in Township 14 South, Ranges 3 and 4 East, that were afterwards 
 transferred to Kribs. 
 
 These men lost no time in coming to me, and I was frank to inform them 
 of the stand I had taken, and that through me the Government agents had been 
 made familiar with all the facts in connection with the entries, and the subse- 
 quent disposition of the claims. 
 
 They then asked me for advice as to the best way out of their predica- 
 ment, and I recommended that they see Burns without delay and make amends 
 by requesting the withdrawal of their former affidavits, with the understanding 
 that they would substitute those which they would be willing to stand by, and 
 which would contain all the facts as they knew them to be. 
 
 Some of the more conservative among them took a logical view of the sit- 
 uation, and were quite willing to abide by my recommendations, while the 
 radical and more obstinate element was averse to taking any kind of advice, and 
 seemed disposed to suffer the consequences by standing pat. When it was made 
 plain to them, however, that all their movements had been watched ever since 
 their coming to town, and that the Government detectives had trailed them to 
 Kribs' house, where it had been learned through members of their own party 
 that Kribs had induced them to commit perjury in dictating the answers they 
 should give when they appeared before Burns, and which answers they knew 
 to be false, and that their punishment under felony charges would follow, they 
 began to wince, and 'ere long were willing, to the last man, to go before Burns 
 and follow my suggestions. 
 
 The Sweet Home contingent, known as the "Mealey Gang," were also on 
 edge, and skirmishing about for points of vantage, many of them still believing 
 it possible to make good on their original affidavits. Kribs and the Mealey broth- 
 ers, of course, were straining every nerve to buoy these men up and to hold their 
 confidence, that they might maintain the stand taken. 
 
 There were those among them, however, who had talked and advised with 
 their old pal Andy NichoUs, and through him had learned that the Secret Service 
 men were prepared to establish a case against every one in the bunch who had 
 made false affidavit. He had told them of the grilling that had been his portion 
 from Burns up to the time he had made a change of base, and told the truth, after 
 which he had been treated with every kindly consideration. Andy, of course, 
 advised the others to follow his example, and throw themselves upon the mercy of 
 the Government. It was their only salvation, he said, and in his opinion they 
 must act promptly, else they would awaken to a realization of their mistake wdien 
 it was too late, and they would be forced to take the consequences. 
 
 Andy was right, agreed these men. Yes, his head was level, and they 
 must do as he suggested and act at once. But what of their old comrades who 
 were laboring under the impression that to stand pat was their only hope, arid 
 were allowing themselves to be carried away by Kribs and the Mealey boys ? 
 That was the question, and the thought made them shudder. They hated to 
 entertain the idea of seeing their pals convicted and carried away to prison cells 
 merely to appease the avariciousness of the agent of a millionaire lumberman 
 and a couple of his boss locators. It would never do, and imbued by this deter- 
 mination, they hunted up their comrades, ai\d in as forcible terms as they were 
 capable of employing, related to them the circumstances of Andy Nicholls having 
 made a false affidavit, and of his subsecjuent withdrawal of the same, and the 
 substitution of one containing the facts, in which he had informed the Federal 
 authorities of every phase of the transaction in which they had all been impli- 
 cated in fraudulently acquiring the claims for the benefit of Kribs. Then they 
 gave notice of their intention to appear before Burns without delay, and invited 
 the others to follow suit, as with this additional evidence at hand, there was no 
 possible chance of escape for them if they held out any longer. 
 
 Page 195 
 
This conference seemed to work like mag'ic on the minds of those present. 
 Thev dreaded the tliought of turning informants and leaving the iNlealey boys in 
 the lurch, and besides, they reasoned, it would work a frightful hardship on Fred 
 Kribs, whom they had all promised to stand by only a few evenings before. 
 
 lUit of their own scalps they must be mindful; there were wives and little 
 ones at home awaiting their return, and it became their duty, since an obligation 
 of some sort rested upon them, to think and act only with a view of protecting 
 their loved ones. Savage as they were, this instinct was uppermost in their minds. 
 
 They had all but decided, yet hesitated still, when one of their number 
 whose knowledge of the poets was the marvel of his fellows, quoting from the 
 immortal words of Shakespeare, said: "To thine own self be true; thou canst 
 not then be false to any man."" It was enough. To a man they had decided to act, 
 and in this particular instance the little army of entrymen who forged their way to 
 the office of the Government prosecutor required no leader. Their only thought 
 was to get there c[uickly and shake the burden off their minds. 
 
 In this, however, they were doomed to meet with temporary disappoint- 
 ment, as they found, upon their arrival, that they had been preceded by a still 
 greater throng, which had taken complete possession of the three rooms in the 
 -Hotel Portland that were used by Mr. Heney as offices. 
 
 I happened to be there when they commenced to arrive, and was engaged 
 in conversation with Air. Heney when the first knock for admission w^as heard. 
 It was rather unexpected, as to time and numbers, as we had no hope of their 
 coming in until later, and then only in straggling groups. Now, however, this 
 avalanche of humanity had forced itself into headquarters, and it must be reck- 
 oned with in the calculations. It seemed to be a serious cjuestion of determining 
 tlie rotation in which they came, but that matter was finally disposed of by the 
 esrablishment of a long line, after the fashion of a postoffice row, which extended 
 from the rooms clear down the hallways, and for days appeared not to have 
 diminished, so much augmented were their numbers by fresh arrivals from time 
 to time. 
 
 It was a different story that each of them told on this occasion; so vastly 
 different, in fact, that the wonder was they were related by the same persons. 
 Now it was the truth, where falsity had predominated, and step by step, coil after 
 coil, the Government prosecutors unravelled each skein of the iniquitous deal 
 that was to place its stamp upon C. A. Smith as one of the greatest criminals 
 that ever went unwhipped of justice. In brief, the composite affidavits of these 
 men developed the following situation : 
 
 The operations had been carried on under the personal direction of Kribs, 
 who was acting for Smith, in two different land districts, embracing several 
 counties, and geographically divided by many miles. Each group of locators 
 was governed by one or more trusted lieutenants, John Givens, a professional 
 timber cruiser, acting in that capacity around Roseburg, in Southern Oregon, 
 while the two Mealey brothers performed a like service in the Sweet Home 
 region, which included a large territory in the west-central portion of the State. 
 
 They were as the divisions of an army of invasion, and the looting of 
 the public domain was their slogan of battle. In this way upwards of a hundred 
 thousand acres of the choicest timber lands in the Northwest was acquired 
 through process of fraudulent entry, the system contemplating the payment of 
 a trifling sum above the Government price of $2.50 an acre to the entrymen for 
 his right — $50 being the ruling rate, but in some instances as low as $15 was 
 all that the poor, unsophisticated mountaineer, to whom a few dollars was as a 
 fortune, received as a reward for his perjury. 
 
 It developed also that the Land Department at Washington had become 
 suspicious of the character of these entries, coming as they did in such vast 
 quantities from the same vicinities, and had suspended them all pending inves- 
 tigation ; that Special Agents George F. Wilson and Edward D. Stratford had 
 been designated to make such investigations ; that about this time each entryman 
 
 Page 196 
 
A group of Portland newspaper men who 
 
 reported many of the Oregon 
 
 land fraud trials 
 
had been atlvised by either the Mealeys or Givens that one or the other of these 
 Government officers would call upon him and ask him to sign an affidavit indicat- 
 ing that the claims had been taken up in good faith, that had been prepared in 
 advance, and that it would be all right for him to do so ; that the entryman would 
 be assured of compensation for his "trouble" in a befitting manner, the recom- 
 pense ranging from $15 to $50 in each case; that one or the other of the Special 
 Agents did call, as outlined, and would lose no time in getting down to business 
 on the affidavit proposition, asking a few direct questions, of. a cut-and-dried 
 character, and then have the entrymen read the document as a whole and sign it 
 accordingly, one of Kribs' representatives following up this proceeding by paying 
 the stipulated price; that after they had been subpoenaed to appear before the 
 Grand Jury, Kribs' representatives had induced them to confer with the latter at 
 his residence in Portland before consulting either Heney or Burns, these visits 
 being for the purpose of determining the character of the evidence they should 
 give ; that upon appearing before Heney and Burns they had executed affidavits 
 in accordance with the instructions given them by Kribs, and now, like repentant 
 sinners, had returned to make amends by telling the truth. 
 
 As rapidly as these entrymen would conclude their affidavits, wherein they 
 would detail all the facts in connection with the matter. Burns would turn them 
 over to Francis J. Heney, who would have them go before the Grand Jury and 
 relate their stories, but in no instance would the Government prosecutor accept 
 their statements for presentation to the inquisitorial body until they had met the 
 approval of Mr. Burns. 
 
 Finding that they had been deserted entirely, the two Mealey brothers 
 who had already been on the carpet several times before Burns in an unavailing 
 effort to extract the truth from them, finally yielded, and were ready to become 
 good Indians. But they had stood out too long to suit Burns, and having exerted 
 all the influence within their power to hinder the wheels of justice, the famous 
 Government sleuth was in no mood to treat with them, and, although Burns 
 wanted their testimony badly enough, he insisted upon a compliance with certain 
 conditions before he would permit them to make affidavits at all. Even after they 
 had expressed a willingness to make a complete confession of their part in the 
 fraudulent transactions. Burns hesitated to take them into camp, until they had 
 prostrated themselves on their marrow bones before him and begged for mercy 
 for the sake of their wives and children, and pleading to be given an opportunity 
 to reveal their entire relationship with Kribs. Their humiliating attitude was 
 enough to soften a heart of stone, and it had the effect of causing Burns to re- 
 lent, and take their affidavits, the substance of which the Mealeys reiterated before 
 the Grand Jury at the proper time. 
 
 From the moment of Allie Houser's confession down to the period when 
 the Mealeys surrendered, there w^ere anxious faces around Government head- 
 quarters, but now everything looked like plain sailing, and the despondent counte- 
 nances of the week before had given way to a feeling of supreme exuberance. But 
 the coast was not clear yet, by any means ; the work was still in an unfinished 
 state, because Fred. A. Kribs, agent for C. A. Smith, the king-pin of the lot, was 
 yet outside the fold. The case needed the fine veneering of his co-operation to 
 add polish to it all. 
 
 When the subject was under discussion at Government headquarters as 
 to the most available method of corralling Kribs, I had occasion to meet him one 
 day on the streets of Portland. And what a fall was there, my countrymen ! 
 Poor Kribs looked the picture of despair. From the joyous, hail-fellow-well-met 
 of such a short time before, he had changed so that I was hardly able to recognize 
 him, and I was almost on the point of passing him by as some waif of humanity 
 who had seen better days. 
 
 Methought, as I stood upon the street corner, facing this warrior of by- 
 gone days — this relic of a has-been period — that I could hear him muse, in plain- 
 tive tones, something like this: 
 
 Page 198 
 
"When, oh when, do I need you — 
 And the friendship you pretend ? 
 When is a friend most needed — 
 When is a friend, a friend?" 
 
 Poor fellow ! He certainly presented the appearance of one in the most 
 abject misery. I knew, of course, that he was in a tight box, and he, too, seemed 
 to recognize this fact and appreciate the seriousness of his position. Thinking 
 that to remain there much longer would only add torture to his soul, I remarked, 
 as I was on the point of turning away : 
 
 "Fred, if I can do anything for you, let me know." 
 
 "Do for me ?" was his anxious rejoinder ; "that, Steve, is the question — 
 what can be done?" 
 
 "Well," I replied, "my suggestion is that you tell me in advance just 
 what you have done to date, and your plans for the future, and then, perhaps, 
 I can be of some service to you." 
 
 "Up to the time the Mealey boys deserted me," he replied, "I did nothing, 
 except, of course, to consult with them. Since they turned against me, I have 
 talked with a number of my personal friends, all of whom had something different 
 to offer, until I have reached the stage where I do not know whether I am afoot 
 or horseback." 
 
 "That being the case," said I, "the only advice I can offer for the present 
 is, that you lock yourself up — in your basement, if need be — but at all events, 
 where you will be alone and away from your so-called friends. The truth is, 
 Kribs, you have listened to them altogether too much already, and your frank 
 admission that you don't know which way to turn is sufficient evidence of that 
 fact. Get away from them, my boy, and stay away, and revolve this whole thing 
 over in the privacy of your own mind, for you, and you alone, can and must 
 prescribe the remedy. You can do this, Kribs ; I know you can, and for your own 
 sake you must do it !" 
 
 "But what is it I must do ?" incjuired Kribs. 
 
 "You must protect yourself!" 
 
 "But how?" 
 
 "By telling all you know." 
 
 "About myself?" 
 
 "Yes, Kribs, about yourself — and about others." 
 
 "What others?" 
 
 "The officials of the Roseburg Land Office, and Senator Mitchell — more 
 particularly the latter. You know, Fred., that you absolutely ran the Register 
 and Receiver of that office for over two years, and as for Senator Mitchell, to 
 my certain knowledge, you paid him large sums of money, every dollar of which 
 must be accounted for by you, if you hope for immunity." 
 
 "Impossible! Simply impossible for me to do it," said Kribs. "If I turn 
 informant against these men who have stood by me, I might just as well commit 
 suicide, so far as my business is concerned, as you know, I could never go back 
 and face Smith, of Minneapolis, and other millionaire lumbermen of Minnesota 
 and Wisconsin, for whom I have purchased lands, with such a record standing 
 against me. No, Steve, I cannot do what you suggest ; it would mean my ruin — 
 my complete ruin. My friends would leave me — my business would follow in 
 the wake." 
 
 "If you look at it that way," I replied, "all well and good; but be mind- 
 ful of yourself — I give you fair warning; be mindful of yourself; It has come 
 to a pass, you know, wherein self-preservation becomes your first duty. 
 
 "These men, who appeared before Burns, swore falsely as a unit, until 
 Houser and Nicholls confessed everything, when they all flocked back to Gov- 
 ernment headquarters and begged for mercy. They repudiated their first state- 
 ments, and asked for permission to make new affidavits. This was granted, and 
 
 Page 199 
 
in tlieir amciuled affidavits they not only told all they knew about the land frauds 
 but also implicated you in the efforts to induce them to perjure themselves. 
 
 "Even the Mealey boys, who worked for you for years, came right in and 
 stated under oath that they had cautioned the entrymen not to see the Govern- 
 ment representatives until they had first consulted you, and they related all the 
 facts with respect to their visits to your office and residence, where all hands were 
 being coached as to their testimony. 
 
 "It is really a very serious matter, Kribs, for these men are now giving 
 their evidence to the Grand Jury, and it will surely result in an indictment being 
 returned against you, and heaven only knows how many counts they may be 
 able to find — probably over one hundred, and conviction being certain, your years 
 in prison may be measured with those of your natural existence. 
 
 "Just think of that, Fred., and ask yourself the question: What will your 
 millionaire friends do for you then? What will Mitchell do? You, as a convicted 
 criminal, will not be worthy of their consideration. Besides, Mitchell, with one- 
 half, or more, of the State of Oregon back of him, together with his influential 
 political friends elsewhere, is plenty able to take care of himself. 
 
 "One thing is certain ; he will have no thought for you in your trouble. 
 He had none for me, nor did anyone else. What better, might I ask, are you than 
 I ? Just wait until you are convicted, Kribs, and the same old cell will answer fcr 
 us both! You may yet have time to save yourself — take advantage of it while 
 you can '" 
 
 Kribs liesitated to reply. I questioned, indeed, that he could speak. His 
 reputation was at stake, as was also those of his friends — and his beloved lands ; 
 what of them ? They, too, might be lost to him. In this position he reminded me 
 of a Polar bear I once heard about that was floating around in an Arctic sea on 
 the back of a dead walrus. If he ate the walrus he would drown, and if he didn't 
 he would starve to death. 
 
 His vast, ill-gotten domain, though, concentrated his thoughts to the exclu- 
 sion of everything else. Of this he was evidently thinking, for when he address- 
 ed me again, it was to ask if there was any likelihood of the Government cancell- 
 ing his claims. 
 
 "Claims, be d — d !" I retorted. "Forget it ! I have tried to impress upon 
 your mind the necessity of your first thought being of yourself. What for one 
 claim, or a thousand, as against your freedom ? As to the claims, the case at issue 
 has nothing whatever to do w'ith such trifles. I have no doubt, however, that Mr. 
 Heney will ask the Government to cancel the patents to every one of those bogus 
 entries, but that is a subject for future consideration, and when the proper time, 
 comes, you will be afiforded ample opportunity for defending the title of C. A. 
 Smith to them. If you desire to speak personally to Mr. Heney about them, I 
 will endeavor to arrange a meeting, but first of all, I would advise you to square 
 yourself in the matter now pending." 
 
 "Do you think, Steve," he replied, "that I had better see Mr. Heney myself, 
 or would it be best for you to speak to him first for me?" 
 
 "Go to him direct, I would suggest, but if you wish, I will do so first and 
 pave the way. You know I stand ready to do anything in my power for you," 
 I assured Kribs. 
 
 "Very well, then — you see him first. Find out, as near as you can, just 
 how matters stand. Then let me know, and I will call upon him personally," 
 was Kribs' parting suggestion. 
 
 Calling upon Mr. Heney at his room in the hotel, I informed him of my 
 conversation with Kribs ; how I had met him on the street, and his disposition 
 when I first talked with him relative to turning informant, together with my 
 advice as to what he should do, and finally, how Kribs had asked me to sound 
 Heney with a view of reaching some amicable arrangement whereby Kribs might 
 be permitted to come to headquarters and have a personal talk in regard to his 
 case. 
 
 Page 200 
 
"What am I to expect in the nature of testimony from this man Kribs?" 
 inquired Mr. Heney ; "and furthermore, what does he look for in return?" 
 
 "Mr. Heney," I answered, "I have something which I desire to tell you at 
 this time which I have held back, for the simple reason that I did not know, 
 when I first resolved to attempt this plan, whether or not I would be successful. 
 I believe now, however, that with your co-operation, I will be enabled to perfect 
 these plans to our mutual benefit, and by so doing, you will be placed in a position 
 wherein no possible doubt can exist as to the conviction of Senator Mitchell, and 
 at the same time, I shall have vindicated myself in the minds of the public, in 
 that every statement previously made and sworn to by me before the United 
 btates (jrand Jury will be corroborated, and the truth of which I have every 
 reason to believe, has heretofore been questioned." 
 
 "Do you believe, then, that you will be able to substantiate your testimony 
 through Kribs?" asked Mr. Heney. 
 
 "Not exactly my testimony — I had no idea of substantiating that, but I 
 did think that if Kribs can be induced to divulge all he knows, it will be product- 
 ive of additional weight, and insure the conviction of A-Iitchell." 
 
 "Do you know that Kribs is in possession of evidence sufficient to convict?" 
 
 "There is no question of that in my mind." 
 
 "How long have you believed this?" 
 
 "I had never given the subject any thought until my friends, after Senator 
 Mitchell delivered his noted speech in the United States Senate denouncing me, 
 and the Oregon State Legislature had passed resolutions indorsing Mitchell, asked 
 me if I had not made a mistake. It was claimed, as you know, that my testimony 
 resulted in the indictment of Senator Mitchell, and many there were who were 
 under the impression I had deliberately and wilfully lied about the man, with 
 the result that even my personal acquaintances passed me up with contemptuous 
 g-lances. I was made to look like thirty cents, and was determined to prove, 
 however difficult the task, that I knew what I was talking about, and that I had 
 not misrepresented the facts." 
 
 "But how did you come to connect Kribs with this matter?" 
 
 "Well, Kribs, as you know, has acted as agent for C. A. Smith, of Minne- 
 apolis, Minn. He pays everything by check, and I know this. I also am aware 
 that Senator Mitchell is, and has been for some years past, on Mr. Kribs' payroll. 
 Kribs is very methodical in his business transactions, and being so, undoubtedly 
 still retains his old cancelled checks and also the stubs of his check books. I 
 thought, therefore, to put Mr. Kribs in a hole, and force him to give up what he 
 knew about Senator Mitchell, through promise of immunity from prosecution. 
 It is now up to you, Mr. Heney, and I am here to plead in his behalf, provided 
 I can induce him to inform on Senator Mitchell, thereby making of himself a 
 good witness for the Government, and at the same time, square me in the eyes 
 of the public." 
 
 "Are you sure that Kribs will tell all he knows?" 
 
 "That I am not in a position to guarantee, but I believe, because of the 
 corner in which he has been placed through the testimony of the witnesses who 
 appeared recently before Mr. Burns, that he can be brought to seeing the error 
 of his adopting anj other course." 
 
 "You may bring Mr. Kribs up and introduce him to Mr. Burns," said the 
 Government prosecutor, and the interview was brought to a close. 
 
 I went direct from Mr. Heney 's office to that of Kribs, and informed him 
 that I had talked with Mr. Heney and believed that everything looked favorable, 
 provided, of course, that he would decide to tell everything he knew, and further, 
 that he would be required to substantiate his every material statement through 
 the production of documentary evidence. 
 
 When I called upon Mr. Kribs, I found him busily engaged at his desk, 
 and when I enumerated the conditions, he became engrossed in deep study for 
 the moment, and seemed to appreciate the fact that he had no other recourse 
 
 Page 202 
 
than to accept the terms, however hard, but held back to the last when it came 
 to discussing the documentary evidence proposition. In fact, he had no inclina- 
 tion to talk on that subject at all, consequently I did not insist, believing that 
 Mr. Burns would reach that part of it in his own good way and at the proper 
 time, so I suggested to Mr. Kribs that we go up to Mr. Heney's office, and this 
 he consented to do. 
 
 Arriving there, I introduced Kribs to Burns, who took him in hand, and 
 succeeded in forcing an admission from him that the claims in Township 14 South, 
 Ranges 3 and 4 East, Linn County, Oregon, besides certain claims in Douglas 
 county, had been taken up for the benefit of C. A. Smith, of Minneapolis. Minn., 
 through the Mealey brothers, of Sweet Home, John Givens and others of R.ose- 
 burg, and S. A. D. Puter, who had located the entrymen on the lands. 
 
 At this juncture Kribs undertook to argue with Burns that everything 
 was regular, and he could not understand wherein there were sufficient grounds 
 to warrant an investigation of the claims in question. 
 
 Kribs admitted further that he was on very friendly terms with J. T. 
 Bridges and James Henry liooth. the Register and Receiver, respectively, of the 
 Roseburg Land Office ; also, that the law firm of Mitchell & Tanner, of Portland, 
 had represented him before the Land Department at Washington in the matter 
 of expediting patents. Burns, realizing fully that enough had been extracted 
 from Kribs as a starter, under pretext of having a very pressing engagement, 
 asked to be excused, and upon showing Kribs the door, invited him to call again. 
 
 After the departure of Kribs, I sought Burns' presence, and was informed 
 of what had transpired. He was of the opinion that it would not be policy to 
 press Kribs too hard, as he seemed to be a gentleman who was very much attached 
 to his friends, and would undoubtedly go to any limit in protecting them, espe- 
 cially where C. A. Smith was concerned, as well as Senator Mitchell, for both of 
 whom he appeared to entertain the highest regard. In concluding our interview. 
 Burns suggested that I call at Kribs' office again upon a missionary errand. 
 
 When I did so, Kribs expressed himself as very glad to see me, as he was 
 greatly in need of advice, and believed that I could put him on the right track. 
 He told me, of course, all about his conversation with Burns, and how the latter 
 had pressed him for information concerning the vSmith deals. 
 
 "Now, you know, Steve," continued Kribs, "that I cannot give up on 
 Smith, so how am I to protect him ? Burns insists that I must make out a 
 written statement of the facts and present it to him at the earliest possible 
 moment, which I promised to do, but I must, in some way, get around the Smith 
 transactions." 
 
 When I saw that Kribs was determined to shield Smith, the thought 
 occurred to me that my opportunity had arrived for squaring up an old account, 
 so I replied : 
 
 "Now, look here, Kribs ; so far as you are concerned, it appears as if you 
 must tell everything in order to be on the safe side yourself, but I will agree with 
 you, that, in the event of your testifying to everything you know relative to the 
 cases at issue, and which are now under consideration by the Secret Service 
 Department and being investigated by Mr. Heney, to use whatever influence I 
 possess in behalf of both Smith and yourself, to the end that you be absolved 
 from criminal prosecution, provided, however, that in return you exercise your 
 powers upon Smith and induce him to settle with me. You know very well, 
 Fred, that Smith has treated me shamefully, and has steadfastly refused to return 
 me tne c)>i0,46/.45 which I advanced to secure those Humboldt county lands for 
 him, to say nothing about his holding back between $17,000 and $18,000. due 
 me as commissions in that same transaction. The commissions, of course, I do 
 not care so much about, but when it came to my own money, and more than 
 $10,000 at that, he had no right to try and beat me out of it, and it will be neces- 
 sary, if he ever expects any favors from me. for him to refund every cent of that 
 amount before I shall turn a hand for him. 
 
 Page 203 
 
"If you think Smith is entitled to immunity from prosecution, I am quite 
 willing that he should have it, but this old score must be adjusted first, and the 
 sooner Smith comes to recognize this fact, the better it will be for him. There 
 will be no time for letter writing about it, either — it must be done by wire; so, 
 before we go any further, it might be just as well to put on your thinking cap 
 and act upon the basis indicated." 
 
 "But, Steve," protested Kribs, "didn't you have some sort of a lawsuit 
 over that money?" 
 
 "Yes, I got service on him in San Francisco, late at night, at the St. 
 Francis hotel, where he was stopping under an assumed name in order to avoid 
 such a contingency ; but that has been something like five or six months ago, and 
 as he is surrounded by a regular army of paid attorneys constantly, there is no 
 telling when my case against him will come to trial. Smith's lawyers will prob- 
 ably keep putting it off from time to time, and heaven only knows when I shall 
 get my money, if at all. I have an opportunity now to do him a favor, but as I 
 said before, he must come through first." 
 
 "What assurance have I that you will be able to get Smith off?" asked Kribs. 
 
 "My word," I replied, "and if you don't want to take that, just let the 
 matter drift and watch the result. I will surely land Smith if he persists in his 
 present course. If, however, you care to present my claim to him, and he responds 
 by wiring the money to me immediately, I will agree that no indictment will be 
 brought against him." 
 
 "Steve," responded Kribs, "I believe you mean this, and just to show 
 that I want to do what is right, I will address Smith today and forward the letter 
 by first mail, which will bring it into Minneapolis within three days. I will 
 furnish him with full particulars, and inform him that a telegraphic reply must 
 be received within four days at the very outside. Grant me that much time, 
 and if it be possible to get that matter settled, I will surely do my best. Will 
 that be satisfactory?" 
 
 "Agreed," said I, "but remember, just four days, at the very utmost." 
 
 xA.fter this arrangement, it devolved upon me to keep Kribs away from 
 Messrs. Heney and Burns until such time as I was enabled to get a settlement out 
 of Smith, and to do this I was obliged to exercise considerable diplomacy. 
 
 I was not worrying about my ability to fulfill my agreement with Kribs, 
 as Smith had committed no crime for which he could be brought to account at 
 this particular juncture. The fact was, the statute of limitations had run against 
 his offense, consequently he could not be indicted for conspiracy to defraud the 
 Government, and so far as committing perjury or being guilty of subornation of 
 perjury was concerned, there was no evidence connecting him with either. 
 
 Kribs, of course, could be indicted for subornation of perjury, but Smith 
 was outside the pale of the law in that respect, consequently, in promising Kribs 
 that I would use my best endeavors in behalf of Smith, and going so far as 
 promising him immunity from prosecution, I merely did that which any child on 
 the streets of Portland could have done with perfect impunity. In other words, 
 I hoodwinked Kribs to the extent of presenting him with a "Barmecidal feast," 
 where all the guests sat down to imaginary dishes. Kribs either did not know 
 this, or else was familiar with some of Smith's more recent acts of a crooked 
 character of which neither the Government nor myself had any knowledge. 
 
 It is obvious, therefore, why I did not wish Kribs to come in contact with 
 Mr. Burns. It was policy to keep them apart until such time as I had a reply 
 from Smith. G^pon my return to Burns' office, I was asked as to the result of my 
 conference with Kribs. so I told Mr. Burns, having in mind the object just stated, 
 that Kribs was sure to tell everything, but it would never do to force him too 
 strongly. 
 
 "Just give him time," I said, "and he will cough up everything he knows." 
 
 Happily, Mr. Burns coincided with my ideas, so I felt secure in my posi- 
 tion, for the time being, at least. 
 
 Page 204 
 
Lumber flume at Bridal Veil, Oregon, having a drop of 2,500 feet in two miles. 
 Timbers 12x12 and 60 feet in length have come down this flume 
 
 On the following morning-, being impressed with the feeling that Kribs 
 might come around to Burns' office with his "statement of facts," I resolved to 
 remain in close touch with the latter's room, so as to prevent, if possible, any 
 lengthy interview between them ; so immediately after breakfast I made it a point 
 to proceed to Burns' office, where I went into camp in the most approved style. 
 
 Sure enough, the redoubtable Fred was "Johnny on the spot" soon after 
 I got there, and it was killing to observe him sneak up into the room in abject fear 
 of being seen by somebody. He presented a typewritten statement to Burns, 
 alleged to cover his connection with the various transactions, but fortunately, I 
 managed to sidetrack any extended conversation between the two. 
 
 Page 205 
 
After Kribs had taken his departure, and Mr. Burns and myself had can- 
 vassed the statement, I could see that the latter was palpably disappointed with 
 its contents, and felt disposed to summon Kribs before him again forthwith, but 
 I reasoned him out of this idea, and said it would be much better for me to have 
 a private talk with him before attempting to call him to account for some of his 
 errors and omissions. Burns finally conceded the point, so I called upon Kribs 
 again at his office, where I told him that his statement had found a resting place 
 in Burns' waste basket; that Burns would not think for a moment of accepting 
 an.v such statement from him. and that, if he could not make up his mind to tell 
 all he knew, he might as well be prepared to take the consequences. 
 
 'M don't know what more Mr. Burns could expect me to say," responded 
 Kribs in sorrowful tones. "I made a clean breast of having secured those lands 
 for C. A. Smith, and also stated that I was on very friendly terms with the 
 officials of the Roseburg Land Office, who had extended special privileges to me ; 
 also, that I had employed the law firm of Mitchell & Tanner in the matter of 
 expediting patents, even going so far as to admit having instructed those entry- 
 men as to what answers they should make when they came here to testify before 
 the Federal Grand Jury. Now, I think Mr. Burns ought to be satisfied with that." 
 
 "Well, Kribs," I answered, "he is not satisfied, nor will he be until you 
 tell the whole truth. It is all very well for you to state that you have been on 
 friendly terms with the officials of the Roseburg Land Office and that they ex- 
 tended special privileges to you, but what about the consideration? Why didn't 
 you tell what you paid for these special privileges and to whom it was paid ? Why, 
 too, didn't you state exactly for what purpose you paid that money to Mitchell & 
 Tanner? In other words, why didn't you admit having made all arrangements 
 with Senator Mitchell personally, and that, when you turned over the several 
 amounts to Mitchell & Tanner, as a matter of fact, that each and every payment 
 was to go to the Senator personally, and not to be credited to his firm? 
 
 "You know, Kribs, that you had a private understanding with Senator 
 Mitchell, and that you agreed to pay him a certain amount for every patent that 
 he pulled out for.you. You know, as I do, that the Senator accepted every dollar 
 of that money in the nature of a bribe. Why didn't you say so, and why didn't 
 you state the amounts and when they were paid? These are questions that must 
 be answered, and just as sure as your name is Fred A. Kribs, just so sure will 
 Mr. Burns insist upon your giving him this information, and when he asked you 
 to state the plain, unvarnished facts, he expected you to do so, and I am here to 
 tell you that nothing short of that will be accepted." 
 
 "So he threw my statement in the waste basket, did he?" 
 
 "That's exactly what became of it." 
 
 "Shall I try it again?" 
 
 "That's about the only thing you can do, but it's no use if you try and keep 
 anything back next time." 
 
 "I will think it over tonight, and try and concentrate my mind on the 
 subject, and do my vitmost to prepare one that will prove satisfactory." 
 
 "All right, do so ; and bring it to Mr. Burns' office, and I will arrange to 
 be on hand and do what I can for you." 
 
 Kribs appeared bright and early the morning following, and addressing- 
 Mr. Burns, said: "Mr. Puter informs me that you were not entirely satisfied with 
 my statement of yesterday, so I have prepared a new one, which I trust will meet 
 with your approval." 
 
 "No," declared Mr. Burns, "I was not at all satisfied with your other state- 
 ment, as I found that it did not contain anything like as much as you promised 
 to divulge, nor did it present the facts as I know you are in a position to give 
 them to me." 
 
 "This statement covers all the ground," responded Kribs meekly, and 
 handing it to the Government sleuth, continued, "I have dealt with all the salient 
 features." 
 
 Page 206 • 
 
"Just take a seat until I can examine it," commanded Burns. "I onTy 
 hope it is as you say, and that you have covered the ground in every particular." 
 
 He then looked the statement over, folded it carefully when he was through, 
 and gazing directly at Kribs, said : 
 
 "So you have dealt with all the salient features, have you?" 
 
 "Yes," replied Kribs, "I believe that I have." 
 
 "Well, then, in order that you and I may have no further misunderstanding 
 as to what is expected of you, I believe, Mr. Kribs, that it would be best for us 
 to talk matters over. This statement, I will admit, is more conclusive than the 
 one handed me by you yesterday, but not sufficiently so, by any means." 
 
 Opening the statement again, Mr. Burns continued : 
 
 "You have said here that you were on friendly terms with the officials of 
 the Roseburg Land Office, and that you paid them money, but you have failed 
 to mention to whom, or in what amounts. You also confess having employed the 
 firm of Mitchell & Tanner to expedite the issuance of your patents, and that you 
 paid them for such service, but here again you fall short, in that you fail to state 
 with whom the arrangement was first made, and have also neglected to mention 
 the amounts agreed upon. Your statement with regard to the Smith deal is also 
 too general. You must be specific, Mr. Kribs, and give full details with regard 
 to every transaction, else I shall be obliged to bring these negotiations to a close 
 without further consideration. 
 
 "When Mr. Puter spoke to Mr. Heney about you, he insisted that you 
 would make a valuable witness for the Government, because of the fact that you 
 had done business — along certain lines— with the officials of the Roseburg Land 
 Office, and had also done business — along the same lines — with Senator Mitchell. 
 We want this information in its entirety, and we shall expect you to give it 
 exactly as you know it to be. You have admitted, in substance, that you main- 
 tained relations with these people, and have also virtually acknowledged that the 
 nature of this business was of a shady character. It now remains for you to give 
 the entire facts, and until such time, I shall have nothing further to say to you 
 on the subject." 
 
 This conversation having occurred on Saturday, Mr. Kribs said that it 
 would be impossible for him to prepare another statement for presentation that 
 afternoon, but that he would have one ready on the following Monday morning, 
 which arrangement, Mr. Burns told him, would be satisfacory to him. 
 
 On meeting Kribs that Saturday afternoon, he said that it looked like he 
 was in for it ; that Burns was as sharp as a steel trap, and, unless he was very 
 much mistaken, was "wise" to everything, and would not be put off with anything 
 short of a full and complete statement of facts. 
 
 "So I might just as well make up my mind," continued Kribs, "to tell every- 
 thing I know." 
 
 "That's right," I responded, "you stick to that determination, Kribs, and 
 when you have prepared your statement, I will call personally and look it over 
 before you present it to Mr. Burns." 
 
 "When will you call?" he inquired. 
 
 "When will you have it ready?" I replied. 
 
 "Probably by tomorrow (Sunday) night; but suppose that you call on 
 Monday morning at my office." 
 
 I agreed to do so, and left Kribs, in the firm belief that he had finally 
 decided to come through with the much desired information, as he appeared to be 
 very sincere, and I was happy in the thought that, if he presented a statement 
 such as he promised, we could then force him to produce the documentary evidence 
 to substantiate his story. 
 
 No sooner had I reached Kribs' office on Monday morning, than he opened 
 up by informing me that he was in receipt of a dispatch from C. A. Smith, to the 
 effect that he was willing to pay me the amount of money I had advanced to 
 secure the PTumboldt County lands for him, concerning which I had commenced 
 
 Page 207 
 
suit to recover, provided, however, that I was to withdraw the action immediately. 
 he, in turn, agreeing to dismiss a counter suit that he had filed against me. It 
 was further understood that Smith was not to be indicted if I could prevent it. 
 
 In regard to the withdrawal of my suit, I agreed to do as suggested, but 
 as to the indictment of Smith, I could guarantee nothing, further than to give my 
 word that no indictment would be returned, and this, I insisted he must accept 
 for what it was worth. 
 
 "I will take your word for it," replied Kribs; "and to prove to you that I 
 have confidence in your ability to take care of the matter, I shall wire Smith 
 immediately to forward the money by telegraph." 
 
 After Kribs had sent the wire to Smith, which he prepared in my presence, 
 he took u]) the matter of his new statement, and after reading it over, I informed 
 him that it appeared to be satisfactory, and that I believed it would meet with 
 Mr. Burns' approval. I then suggested that we go up and see Burns, which 
 Kribs assented to. 
 
 After reading Kribs" new satement, Mr. Burns seemed to be well pleased, 
 and remarked : 
 
 "This is something' like it." 
 
 He then asked Kribs if the $800 mentioned as having been paid by him to 
 James Henry Booth, Receiver of the Roseburg Land Ofiice. was by check or 
 casli, to which Kribs responded that it was in the form of a check. 
 
 "All my settlements, in fact," continued Kribs, "have been made by check." 
 
 "You find, then, Mr. Kribs, that the check system is a good one, and that 
 it is the correct way of transacting business?" queried Burns. 
 
 "Indeed, I do," replied Kribs, "as in that way I am enabled to keep a more 
 complete record of all my business dealings." 
 
 "I presume then, that you paid Mitchell & Tanner by check also," said 
 Mr. Burns. 
 
 "Yes, sir ; I did." 
 
 "Well, now," added Burns, "I will say about your statement, that I find 
 it entirely satisfactory with but one exception, and that is, with regard to your 
 agreement with Mitchell & Tanner. You have failed to state, in referring to 
 that firm, with whom your agreement was made — was it with Senator ^^litchell, or 
 Judge Tanner?" 
 
 "It was with the Senator." 
 
 "Was Judge Tanner present at the time ?" asked Mr. Burns. 
 
 "He was not — that is to say. Judge Tanner wasn't present when I talked 
 with wSenator j\Iitchell in his private office at the time of my coming to an under- 
 standing with him in regard to his receiving $25 from me for each patent 
 expedited." 
 
 "Mr. Kribs, was it your understanding that the Senator was to receive the 
 money personally, or did you presume that this money was to go to the firm of 
 Mitchell & Tanner?" persisted Burns. 
 
 "The payments were made to the firm of Mitchell & Tanner, but I, of 
 course, presumed that Senator Mitchell alone was benefitted thereby, as he in- 
 structed me, when I asked him how I should remit, to make my checks payable 
 to his firm — 'for convenience sake," as he put it." 
 
 "Did you meet Judge Tanner at all ?" 
 
 "Yes, sir; I was introduced to him by the Senator when we came out of 
 the latter's private office, at which time Senator Mitchell remarked, in addressing 
 his partner, that he had made an arrangement with me whereby he (^litchell) 
 was to expedite the issuance of all my patents, and whenever I brought any land 
 matters to him (Tanner), that he should forward the same to the Senator at 
 Washington. The Senator further informed his partner that I would hand the 
 latter the amounts agreed upon in each case." 
 
 "I will now request that you insert this additional testimony in your state- 
 ment," said Burns, "after which I shall accept it as altogether satisfactory." 
 
 Page 208 
 
:to. 
 
 Vs First jNI^tiona! Bank of Roseburg*, 
 
 ^^-'PiyUU-^s^ OX 
 
 , % 
 
 low 
 
 ^ ///^^ptkyM/^"^^/^^ 
 
 ^lei^^t^/^ 
 
 Pol lavs. 
 
 ry</yi'/9r?//^j 
 
 m/k^y^^-J^^^ijS^9^-yir^ '223- 
 
 Pay TO ... 
 
 
 Portland, Oregon. M(jU^/^f/y\^^^ 
 
 C HA NT S. rl^T I AN A ^ D^ N ^ 
 
 •or cTRDEfJ$:v<vy^ 
 
 CO 
 
 
 Dollars 
 
 Samples of the lubricant used by Fred. A. Kribs in oiling up the 
 machinery for grinding out patents to the fraudulent 
 
 Smith timber entries 
 
Kribs endeavored in every conceivable way to hedge out of making the 
 iiisertitui as directed, and when he finally did put it in, it was only to be scratched 
 out and re-written, as he had failed to employ the exact language used in his 
 verbal statement to Burns, lie eventually capitulated completely, and after attach- 
 ing his signature to the document in its com])lote form, took the customary oath 
 ihat the statement was true and correct in every particular. 
 
 Mr. Kribs and myself then left together, going direct to his ofiice, where 
 we met my brother, L. F. Puter, who had acted as one of my attorneys through- 
 out the 11-7 trial, as well as my legal representative in my suit against C. A. Smith. 
 
 While engaged in discussing the telegrams that had passed between Smith 
 and Kribs that morning, the latter received notice from the Merchants National 
 Bank to the effect that they were in receipt of the sum of $10,467.45, and that 
 thcv had instructions to turn this amount over to S'. A. D. Puter. upon Kribs' 
 indorsement. 
 
 My brother thereupon took up the matter with Kribs, and between them 
 they arranged for the withdrawal of my suit against Smith, which was consum- 
 mated by wire with his attorneys in Minneapolis to their entire satisfaction. At 
 the same time, Smith's lawyers dismissed his counter suit against me. 
 
 My brother then accompanied Kribs to the Merchants National Bank, 
 where the money was turned over. 
 
 A few days later, Mr. Kribs appeared before the United States Grand Jury 
 and gave testimony which resulted in the indictment of Senator John H. Mitchell 
 and James Henry Booth, the latter being Receiver of the Roseburg Land Office. 
 
 It might be added that it was on this charge, known as the "Kribs Indict- 
 ment,'" that Senator Mitchell was tried and convicted, and not on what is com- 
 monly called the "Puter Indictment," as Mr. Heney considered the evidence pre- 
 sented by Mr. Kribs, corroborated as it was by the introduction of documentary 
 evidence in the form of cancelled vouchers, to be much more conclusive than that 
 given by myself, and upon wdiich the first indictment against the Senator was 
 returned. 
 
 C. A. Smith UiMiiEB (|Oivji?^rv^ 
 
 LU/WBER MANUFACTURERS. 
 
 C A SMITH 
 
 April 24th, 1902. 
 
 According to the statement of costs of lands In Htunbolt 
 County, California, by G. a. D. Puter, there will be due and payable 
 to him or order, under the contract between hiin and the undersigned, 
 of November 4th, 1901, the suin of Ten Thousand, Four Hundred Sixty-Seven 
 and 45/100 ($10, 467. 4.5) Dollars. yj / /y , /7 
 
 Facsimile of agreement between Smith and Puter, the terms 
 of which the Minneapolis millionaire lum- 
 berman attempted to evade 
 
 Page 210 
 
Senator Mitchell was indicted for this ofifense on February 1, 1905, and 
 convicted July 3, of the same year, after one of the most sensational trials that 
 has ever taken place in Oregon. 
 
 Receiver Booth, of the Roseburg Land Office, — who, with Register J. T. 
 Bridges, was dismissed from service on account of his connection with Kribs — 
 has not yet been tried for the part he played in the game, and Register Bridges 
 has never been indicted, for the reason that he becanie a Government witness. 
 
 The notorious C. A. Smith, who was responsible for all this trouble, has 
 never been indicted, because the devil takes care of his own, and he was lucky 
 enough to be saved by the statute of limitations, three years having elapsed, so 
 far as any evidence adduced would show, since he had been connected with the 
 fraudulent transactions. 
 
 Fred A. Kribs was not indicted either, having been granted an immunity 
 bath on account of his valuable services as a witness for the Government. 
 
 Taken on the A Hie Houser claim 
 N. W. i 22, 14-3 
 
 Page 211 
 
Chapter XIII 
 
 Evidence produced before the federal Grand Jury by Fred A. Kribs and others 
 results in the indictment and subsequent conviction of United States Senator 
 John II . Mitchell, of Orei:;on, for violation of Section iy82 of the Revised 
 Statntes — Judge Tanner, Senator Mitchell's law partner, breaks down in 
 the Grand Jury room, and in order to sai'e his son from criminal prosecu- 
 tion, confesses that a fake partnership agreement between the law firm 
 of Mitchell & Tanner had been substituted for the original, and changed 
 so as to exonerate Senator Mitchell from any criminal liability — Some inter- 
 esting inside history of the manner in which the Government secured dam- 
 aging evidence against the accused statesman, wherein Irvin Rittenhouse, 
 private secretary to Prosecutor J-Ieney, distinguishes himself as a sleuth. 
 
 SENATOR MITCHELL'S connection with Vvcd A. Kribs, as described in the 
 preceding chapter, brou^jht about his indictment and subsequent conviction for 
 a violation of Section 1782, of the United States Revised Statutes. Coincident- 
 ally, it sounded the death knell to the reign of a corrupt oligarchy that had domin- 
 ted the ])olitical destinies of Oregon for pra^'tically one-quarter of a centurv. This 
 political machine was in the zenith of its glory at the time Francis J. Heney began 
 his crusade against the Oregon land frauds, and when it was hinted that John H. 
 Mitchell, who had so long controlled the political affairs of the State with such 
 supreme autocratic power, was likely to become involved, the idea that any Grand 
 Jury would be found with temerity enough to indict him, or that any trial jury 
 would convict him for his offenses, was l6oked upon generally as a vivid flight 
 of the imagination. 
 
 It is hardly necessary to enter into details pertaining to the various phases 
 of the trial and conviction of Senator Mitchell, for the reason that they form a 
 part of the Court records that have already been considered at great length by the 
 press, and because the one most aifected is now beyond the grasp of earthly 
 trouble. What will doubtless most interest the public, so far as this particular 
 case in concerned, is the unwritten history attached to the circumstances attending 
 the downfall of a political idol and it is the purpose of this chapter to cater to this 
 idea more than to any other. 
 
 Kribs had given the Grand Jury full information regarding his relations 
 with .Senator Mitchell, and furnished complete documentary evidence, including 
 checks, letters and other data to sustain his statements. Judge Tanner, Senator 
 Mitchell's law partner, went before the body during the latter part of January, 
 1905, in connection with the Kribs payment investigation, and in answer to Mr. 
 Ileney's inquiry about the terms of the partnership existing between himself and 
 .Senator Mitchell, Judge Tanner produced what jnirported to be the original part- 
 nership agreement. Heney brought it with him to the hotel that night, and was 
 somewhat perturbed over it, because, if it were the genuine agreement, it would 
 result in absolving Mitchell from having received any compensation in the shape 
 of fees i)aid by Kribs, a clause therein stating that Tanner was to receive all the 
 fees for any work the firm performed before the Land Deparment. 
 
 As a result of the tips that Irvin Rittenhouse had given Mr. Heney during 
 the progress of the Hyde-Benson preliminary hearing at San Francisco in 1904, 
 the Government prosecutor had a great deal of confidence in the ability of his 
 private secretary for deciphering questionable typewriting. He handed Ritten- 
 house the document, at the same time stating that Judge Tanner had testified that 
 it was the genuine contract, and had been written in March, 1901. 
 
 Page 212 
 
Irvin Rittenhouse, private secretary to Francis J. Heney 
 
 and one of the noted prosecutor's most trusted 
 
 lieutenants in the land fraud cases 
 
 No sooner had Rittenhouse inspected the contract than he assured Mr. 
 Heney that the typewriting was certainly not four years old ; that it had evidently 
 been done recently, and that the signatures of Mitchell and Tanner thereto in 
 ink were still pale, instead of being jet black, as they would have been had they 
 attained any degree of age. Rittenhouse then read over the contract very care- 
 fully, and in doing so came across two mis-spelled words — "sakry" and "con- 
 stituant," to which he called Mr. Heney's attention. 
 
 The latter seemed somewhat gratified by this discovery, but said nothing 
 about it at the time, nor did Rittenhouse mention the subject again until later on. 
 Rittenhouse had also directed attention to the fact that all the correspondence 
 passing between the firm of Mitchell & Tanner and the General Land Office during 
 1901, 1902 and 1903 — the period covering the transactions between Mitchell and 
 Kribs — then in possession of the Government, was written with either a light blue 
 or purple ribbon, while the contract submitted to the Grand Jury by Judge Tanner 
 had been written in black. He likewise directed Heney's attention to the water 
 mark in the paper on which the contract was written, indicating that it was 
 
 Page 213 
 
different from the kind used by the law firm in 1901-2. Subsequent inquiry 
 developed that the style of paper used in the alleg-ed original contract, "Kdinample 
 Bond," was not manufactured at the time the document was purported to have 
 been written. 
 
 riic. next day Mr. Meney called Miss Aimee C. Spencer, Miss Edith Bern, 
 and Miss Margaret O'Brien before the Grand Jury. All were at one time sten- 
 ographers of ]\Jitchell & Tanner, the two former having been regularly employed 
 by the firm, while Miss O'Brien performed special service for Senator Mitchell 
 during his occasional visits to I'ortland from the National Capital. A. H. Tanner, 
 Jr., was also subpoenaed before the body, as Judge Tanner had stated that his 
 son was then the only regular stenographer in the office, having acted in that 
 capacity during the past six months, but not prior thereto. 
 
 About 8 o'clock that evening, while Heney, Burns, Rittenhouse, Puter, 
 McKinley, the Tarpley brothers ancl Marie L. Ware, were in room 211 of the 
 Hotel Portland, discussing matters in connection with the Mitchell case, Ritten- 
 house suddenly remarked to Heney : 
 
 "How about those misspelled words?" 
 
 The Government prosecutor scowlingly replied, "D — n you, I'll dynamite 
 you if you don't keep still about that!" at the same time walking into an adjoining 
 room, and motioning for Rittenhouse to follow. They were joined almost imme- 
 diately by Burns, who inquired : 
 
 "What's that you are talking about?" 
 
 "Whv. 'Rit' found two misspelled words in this contract here, and 1 had 
 all the stenographers before the Grand Jury, with Tanner's son," responded 
 Henev. at the same time exhibiting a sheet of paper containing a sentence from 
 
 CLX> 
 
 ,---^A.^ 
 
 ^^^eyi^K-.^Lyi-y^^^ '^i'^'i-r-'C^ 
 
 ^-'■a.''e^(.yj^4>,'(LAj,.,^A.^_ 
 
 
 dU 
 
 C^o (Kj 
 
 --«^^/l---6-^C</T,</^ 
 
 ^^^'■^-o<--^^<''^ 
 
 J^^ 
 
 ^ Ct-^TyT.-.-'y^ C/L 
 
 ■P- 
 
 '^^^M 5^^ 
 ^^('r:^^ 
 
 'fi^M^'Mn 
 
 jiAy^e^uK^ 
 
 
 Fac-simile of the handwriting of young Tanner in the Grand Jury room, 
 
 which led to his father's confession. The subscribing witnesses 
 
 were members of the Federal Grand Jury 
 
 Page 214 
 
s 
 
the contract that had boon dictated to yc^uiiq- Tanner in the Grand Jury room. 
 The sentence embraced the two words, "salary" and "constituent," both of which 
 liad been mis-spelled by him in the manner indicated, while all the other steno- 
 fjraphers had written the words correctly. 
 
 Upon being shown the agreement in the Grand Jury room, Tanner's son 
 had declared under oath that he had not written it, nor had he ever seen it before, 
 and upcMi the basis of this testimony an indictment was prepared, charging him 
 with perjury. It was at this juncture that judge Tanner, who had also been in- 
 ilicted for perjury in connection with his efforts to shield Senator Mitchell, 
 learning that his son was to be indicted, decided to tell everything and save his 
 \x)y from criminal prosecution, and the story he told the Grand jury was pathetic 
 enough to arouse every instinct of human compassion. 
 
 It was to the effect that the law^ firm of Mitchell & Tanner was first estab- 
 lished in 1891, and continued under various forms of agreement until March 
 5. 1901, when it became necessary to modify the terms of co-partnership on 
 account of Mitchell having been elected to the United States Senate. A clause 
 of the agreement entered into on that date contained this provision: 
 
 "It is understood and agreed that the interest of each of the parties to this 
 agreement as to all services rendered, all moneys received, and all business done by the 
 firm, shall be equal one-lialf thereof, except that for any services which may be rendered 
 by said John II. Mitchell in the City of Washington, D. C, either in the Supreme Court of 
 the United States, the Court of Claims, or before Congress or any of the Departments, shall 
 be the individual matter and claim of said John H. Mitchell, and all fees so earned by him 
 in either of said courts or before Congress or any of said Departments, and his salary as 
 Senator, shall be the individual property of said John H. Mitchell, and the firm shall 
 have no interest therein, but for all services rendered by the firm or either member of it 
 in any other place, save and except as above, shall be considered firm business, and the 
 parties equally interested therein." 
 
 According to judge Tanner, when the lantl frauds were under investigation 
 bv the Federal Grand Jury in December, 1904, Senator IMitchell became con- 
 siderably alarmed over the prospects of becoming involved in some of the scan- 
 dals, and requested permission by wire to appear before the body in his own behalf. 
 Accompanied by Congressman Dinger Hermann and Frank C. Baker, Chairman 
 of the Republican State Central Committee, of Oregon, Senator Mitchell left 
 \\'ashington, D. C, about December 18, of the year in question, and on December 
 20 wired Jtulge Tanner from St. Paul. Minn., requesting the latter to meet him at 
 Kalama, Washington, upon the arrival of the Northern Pacific train at that point. 
 
 Judge Tanner met the party as requested, and Senator Mitchell appeared 
 very anxious to learn the latest land-fratid news, asking particularly if there was 
 any danger of the Government agents having had access to the books of the 
 firm. The day following his arrival. Senator Mitchell and his partner made a 
 careful inspection of the books of the firm, page by page, Mitchell expressing 
 surprise at the manner in which the various entries had been made, and demand- 
 ed that the old books should be destroyed, declaring that the entries in regard to 
 the Kribs transactions would not only result in his indictment, but conviction as 
 well, if they fell into the hands of the Government. There was a heated discus- 
 sion (,n this point between Mitchell and Tanner, the latter insisting that the ac- 
 counts had been kept in strict conformity with the terms of their partnership 
 agreement, and that Senator Mitchell was fully aware of the manner in which 
 they had been kejjt. and had never raised any previous objections tliereto. 
 
 "During one of several conferences in Senator Mitchell's room at the Hotel 
 Portland on the subject." testified Judge Tanner. "I told him in the course of the 
 conversation that I thought the proper thing and the safe thing to do was to make 
 a full breast of the matter, and he insisted that the books should be destroyed, 
 and that it would not do for it to a]:)pear that he had received any part of this 
 Kribs money. And he insisted on it in his determined way and im])atiently — would 
 not listen to anything else." 
 
 Page 216 
 
Harry C. Robertson, private secretary to Senator Mitchell 
 
 who aided the Government by surrendering 
 
 his employer's correspondence 
 
 At this conference Senator Mitchell suggested changing the partnership 
 agreement in a manner to exonerate him, and Judge Tanner called his attention 
 to the fact that Harry C. Robertson, Mitchell's private secretary, had typewritten 
 the original document, and "it would hardly be safe unless we could count on him 
 in the matter," as Tanner expressed it. "Well, you fix it up and I will manage 
 Robertson," Senator Mitchell had responded. 
 
 Judge Tanner testified further that he told Senator Mitchell upon this 
 occasion that although it would necessitate perjury upon his part — something- 
 he had never done before in his life — he would stand by his partner and do what 
 he could to help him. The next day he prepared the fake contract, dating it back 
 to March 5, 1901, and had his son run it ofif in duplicate on the typewriter. 
 Taking it to the hotel he showed the agreement to Senator Mitchell, who, after 
 perusing it carefully, remarked : 
 
 Page 217 
 
A characteristic pose of Francis J. Heney during his 
 argument of the Mitchell case 
 
 "That is all ri^^ht. That will fix it all right." whereupon they both sie^ned 
 the two copies. The only change from the original was in the second clause, 
 which was amended to read as follows : 
 
 "It is agroed that the interest of each of the parties hereto as to all the services 
 rendered, all moneys received and all business done by the firm shall be the equal one-half 
 thereof, except for any services which may be rendered by said John H. Mitchell in the 
 Supreme Court of the United States shall be his individual matter, and all fees so earned 
 by him. in said Court, and his salary as Senator, shall be his individual property, and the 
 firm shall have no interest therein; and that for any and all services which may be rendered 
 by said Albert H. Tanner before any of the departments at Washington. D. C, or any of 
 the branches or bureaus thereof, or in the Land Department of the Government, either at 
 Washington. D. C, or Oregon or elsewhere, shall be his individual property, and the firm 
 shall have no interest therein, and said John H. Mitchell shall not be required to perform 
 any services therein except such as he might properly do as a Senator in Congress, for any 
 constituent without charge. " 
 
 Unfortunately for all hands concerned, young Tanner, in running the fake 
 partnership agreement off on the typewriter, incorrectly wrote the words "salary" 
 and "constituont," and this fact formed an important link in the chain of cir- 
 cumstances that led to the discovery by the Government officials that the co- 
 partnership agreement between Senator Mitchell and Judge Tanner had been 
 "doctored." 
 
 Page 218 
 
Ex-United States Senator John M. Thurston, of Nebraska, 
 
 delivering his impassioned plea to the jury in 
 
 behalf of Senator Mitchell 
 
 Up to the time Judge Tanner made the serious mistake of committing 
 perjury in order to shield his old law partner, no man in Oregon enjoyed a more 
 enviable reputation for truth and veracity, or stood higher in public estimation. 
 That he suffered the consequences of his indiscretion in many ways is self-evident, 
 because it is reasonable to suppose that any high-minded person of Judge Tan- 
 ner's caliber would very naturally feel the utmost humiliation on account of the 
 degradation that had been imposed upon him almost unsolicited. It may be 
 contended that the only open course for any honorable man under the circumstances 
 
 Page 219 
 
would have liccn in tin.- direction of placinc^ the Government in possession of all 
 the facts at his command, but it must be reckoned that it is oftentimes difficult to 
 determine just where the lines of demarkation lietween duty and loyalty should 
 be drawn, and the charitable portion of the world will ])n»bably hesitate a long" 
 time before measuring" Judge Tanner's act with the weiglit of condemnation. 
 
 He pleaded g^uilty to the indictment charg^ing" him with perjury, and at the 
 trial of Senator Mitchell was one of the most important witnesses for the Govern- 
 ment, furnishings complete information relative to the facts narrated, and corrob- 
 orating Fred A. Kribs' testimony in every essential particular. On June 26. 
 1906, President Roosevelt granted Judge Tanner a pardon for his offense, and 
 outside of being disbarred from practice for a period of six months by the 
 Supreme Court of Oregon, no further ])nnishment was meted out to him that 
 the public knows anything about. 
 
 The section of the United States Revised Statutes under which Senator 
 Mitchell was indicted reads as follows: 
 
 "Section 1782. — No Senator, Representative or Delegate, after his election and 
 during his continuance in office, and no head of a Department, or other officer or clerk in 
 the employ of the Government shall receive or agree to receive any compensation what- 
 ever, directly or indirectly, for any services rendered, or to be rendered, to any person, 
 either by himself or another, in relation to any proceeding, contract, claim, controversy, 
 charge, accusation, arrest, or other matter or thing in which the United States is a party, 
 or directly or indirectly interested, before any department, court martial, bureau, officer, 
 or any civil, military or naval commission whatsoever. Every person offending against 
 this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more 
 than two years, and fined not more than $10,000, and shall, moreover, by conviction 
 therefor, be rendered forever thereafter incapable of holding any office of honor, trust or 
 profit under the Government of the United States." 
 
 The trial of Senator Alitchell under indictment No. 2902, for a violation 
 of the section of the United States Revised Statutes quoted, was begun in the 
 United States Circuit Court for the District of Oregon on June 20. 1905, 
 before United States District Judge John J. DeHaven. of San Francisco, 
 and a jury composed as follows: G. Steincr (foreman), merchant. Salem, 
 Marion County ; H. Cleveland, farmer, Salem, Marion County ; Ed. Daily, 
 farmer. Kerby. Josephine County ; R. L. Oliver, grocer, Pendleton, Umatilla 
 County; Bert Leabo, farmer, McMinnville. Yamhill County; J. A. Baxter, farmer. 
 Dallas, Polk County; J. . P. Clauson, farmer, Riverton, Coos County; S. T. 
 Hobart, farmer, Silverton, Marion County ; S. A. Carlton, farmer. Wellen, Jack- 
 son County; B. F. Grant, farmer. Harlan, Lincoln County: Frank Warren, 
 farmer, Warrenton, Clatsop County, and W. H. Lewis, farmer, Jewel, Clatsop 
 County. 
 
 Francis J. Hency. of San Francisco, who had been appointed United 
 States Attorney for Oregon by President Roosevelt after the summary dismissal 
 of John H. Hall from that office a few months previously, appeared for the 
 Government, while the defendant was represented by ex-L^nited States Senator 
 John M. Thurston, of Nebraska, and Judge Alfred S. Bennett, of The Dalles, 
 Oregon. 
 
 The case lasted initil July 3, 1905, when it was submitted to the jury, 
 which, after deliberating /j/j hours, returned at 11 o'clock that night, while the 
 din of firecrackers and the blare of skyrockets were heralding the approaching 
 Fourth, with this verdict: 
 
 "Portland, Oregon, July 3, 1905. — Tn the case of the United States against 
 Senator John II. Mitchell, we. the ,iury. find the defendant guilty as charged in the indict- 
 ment, and recommend him to the mercv of the Court for leniency. 
 
 (Signed) G. STEINER, Foreman. 
 
 Very naturally, on account of the great prominence of the defendant, the 
 case against Senator Mitchell had attracted an extraordinary amount of local 
 attention, the Court room being crowded with spectators during every stage of 
 
 Page 220 
 
The late United States Senator John H. Mitchell, of Oregon. 
 
 Sketched from life during the famous trial by Harry 
 
 Murphy, the gifted Oregonian cartoonist 
 
Till-: l-.\.\u»LS "'LJuRN Tins WiniorT \'.\\\." Lkttkk. Writtiin Uv Sknatok 
 Mitchell to His Law I'aktnkr. and Wiiicii Was Surrendered Into 
 THE Hands of the Government i-.v IIakkv C. Robertson, to \\ iiom it 
 Had r.EEN Entri-sthp i-ok Di:livi:rv to JmcK Tanxer. 
 
 
 
 "^^y^^^^^*-^ ^::i-^^ ^:^. ^Z7^ z:x-c^ /^^i^^jn ^ ^2*.^ 
 
 ^^'^'^ /^--^ -.^.:2z: ^^^?e_ ,a^ 
 
 '--^ '(£jC1.^^:x^uL^X^ >*^ .^^4> A^ /i2. 
 
 
 ^>.^^ ^--"-/-_»-l/ 
 
 
 <^^- 
 
 ^^ 
 
 
<?' C_rf:-«^ - 
 
 
 ^ !^-^ -Sl^ 
 

 

 U. • c 
 
 
 p^-^^yt J^-** - ^ l ^ ii<A - y ^ 
 
The Following Is a Literal Translaiihn of the Letter Reproduced on the 
 Foregoing Pages. Which Was Written By Senator Mitchell To 
 Judge Tanner. 
 
 Washington. D. C. Feb. 5. 1905. 
 My Dear Judg^e : 
 
 I am alnK)st afraid to write a word as those scoundrels will misconstrue 
 everytiiincf and distort all that is said. Your friend with letter did not arrive here 
 until today. Your letter only received at 3 p. m. I have made search for my copy 
 of articles of co-partnership of 1901, but am unable to find it. I think it must be 
 among my papers in office. 
 
 Harry, of course, prepared these articles. You will see Harry on his 
 arrival. I found our supplementary agreements of date November 1, 1904, which 
 are all right. Harry has these with him. Now the facts are these, and you must 
 deal with them accordingly. First, under our articles, I was not to have any in- 
 terest whatever in any business you might do in any of the departments or in any 
 land matters. Second, as a matter of fact, I never knew until now that any 
 charges for any such services had been credited either to me or the firm or that 
 my account had ever been credited with any part thereof. As I was never fur- 
 nished with any statement of any bank account or of any charges whatever, and 
 I had nothing to do with the books, nor did I see the same, and you will remem- 
 ber several times I cautioned you not to mix me up in any way with any Land 
 Office matters. Third, to this day I do not know what book entries you have 
 made or what you did with any cash, or checks, if you ever received any for land 
 service. Nor was I ever advised by you or did I have any knowledge that any 
 part of any such cash or receipts was placed either to the credit of our firm or 
 myself. Now, Judge, you will agree with me, I am sure, these are the facts, and 
 I am also sure whatever entries you made you never intended I should have any 
 part of such cash or checks, if any, and that you intended that in some way in 
 settling accounts between us no part of any such moneys or checks should be 
 mine, but your individual property. I had supposed, of course, that you had kept 
 all such charges and accounts in your own name. There is no offense on your 
 part in doing business for any honest people in these land matters. I hope, there- 
 fore, you will do me the justice at the proper time, in giving the facts just as they 
 are and as I have stated them. 
 
 Harry will, doubtless, identify the co-partnership articles of 1901 as hav- 
 ing been prepared by him. See him at once on his arrival. Don't be interviewed 
 until I see you and now, strictly confidential, don't tell Harry, your son, or any- 
 one. Can't you immediately on receipt of this drop everything and come directly 
 here. Bring with you in trunk, but don't let your family or anyone know, all the 
 company's books, day ledger, all of them, also your bank book, as I am extremely 
 anxious to see for myself personally what the books show. Besides, it is im- 
 portant we should talk over with Fulton, who is to help defend me, in regard 
 to the cases. I hope you can come. H so, don't let a soul know you are coming, 
 not even Harry. And if you conclude to come, wire me as follows: 
 
 "John leaves direct for Washington this evening." "TANNER." 
 
 I do hope you can come and immediately, before you are called again be- 
 fore the Grand Jury. 
 
 Sincerely your friend, JOHN H. MITCHELL. 
 
 P. S. Don't show Harry this letter, or tell him anything in it. Don't let 
 him see our books. Tell him nothing. 
 
 P. S. Keep all important papers in safe and office carefully locked, as 
 those scoundrels will get in if possible. 
 
 P. S. Burn this unthout fail. 
 
 Page 226 
 
the proceedings. So important, in fact, was the case considered, that the 
 Morning- Oregonian pubHshed daily a verbatim report of the trial, and this act 
 on the part of the newspaper received general commendation, especially in view 
 of the fact that Harvey W. Scott, its editor-in-chief, had long been a political 
 enemy of the disgraced statesman. In its graphic description of the scenes inci- 
 dent to the jury's verdict of guilty, the Oregonian the next morning printed the 
 following sketch: 
 
 "Although hard hit, as a man must be under such awful conditions. 
 Senator Mitchell retained his composure. Tears welled into his eyes and his 
 voice shook, and, as he slowly rose from his seat, after the jury had been polled 
 and Court adjourned, he tottered, and for the brief spell of perhaps a minute 
 the shocking force of the verdict seemed suddenly to unload upon his shoulders 
 every one of those 70 years through which he has passed, and he became old, 
 very old." 
 
 Immediately after the verdict had been rendered, Francis J. Heney gave 
 out the following statement; "I congratulate Oregon upon the high standard of 
 its citizenship, as exemplified by the conduct and verdict of the trial jury which 
 has just evidenced to the world that Oregon believes in the enforcement of the 
 laws of our country, and that in Oregon no man is above the law. Every man 
 who sat upon the jury is entitled to have his name emblazoned upon Oregon's 
 perpetual roll of honor." 
 
 But little more remains to be told about the case. On July 25, 1905, 
 Judge DeHaven sentenced Senator Mitchell to six months in the Multnomah 
 County Jail, at Portland, Oregon, and also imposed a fine of $1,000. Pending 
 an appeal from the verdict of the jury, Senator Mitchell succumbed to death, 
 passing away in Portland on December 8, 1905, as the result of a dental operation, 
 his ailment being diagnosed as diabetic coma. 
 
 A group of sugar 
 pines 
 
 Page 227 
 

 '.V\^,. 
 
 ■-^..tf'/^iU-i\f' 
 
 United States District Judge John J. De Haven, of California 
 who presided at the trial of Senator Mitchell 
 
Chapter XIV 
 
 Tells Jwiv the acquaintance betzveeii the land fraud king and his chief lieutenant 
 originated — Also giz'cs a graphic account of the brilliant social function 
 in Chicago, zvherein the gay and festive Horace G. McKinley leads the 
 charming Marie L. Ware to the altar, both bride and groom being exceed- 
 ingly well known in land fraud circles — Cards are sent out announcing 
 that the happy couple would be "At Home" in ii-j — Recites the prepara- 
 tions for McKinley's fight to the Orient, and pretends to describe the 
 form of punishment meted out by the Chinese Government to its ozvn 
 looters of the public domain in the Flozvery Kingdom. 
 
 THERE has been such frequent allusion to Horace G. McKinley in these 
 pages that I feel it incumbent to satisfy whatever public curiosity has been 
 
 aroused by giving a brief history of my first acquaintance with the man 
 whose subsequent career has been so closely identified with my own. 
 
 During the summer of 1892, while I was still in partnership with Willard 
 N. Jones and dealing in State indemnity lands, I received a call at my residence, 
 in Portland, Oregon, from a young man from La Crosse, Wisconsin, who, after 
 introducing himself, stated that he had learned that I was in a position to furnish 
 base upon which to make lieu selections, and he was desirous of consulting me 
 in reference to a matter in my line. I was much impressed with the personality 
 of my new client, and lost no time in attending to his wants. It seems that he 
 had located some forty or fifty homesteaders on a tract of timber land near 
 Crawfordsville, Linn County, on the Callapooya River, and that the Southern 
 Pacific Company had contested some of the entries on the ground that they were 
 on odd-numbered sections, and as the tract was within the 30-mile limit of the 
 company's indemnity grant, it was contended that the Government had no right 
 to dispose of the lands. Eventually, I succeeded in perfecting title to the claims, 
 and they were sold subsequently to some lumbermen of La Crosse. Thus was 
 begun an acquaintance that has since ripened into the warmest friendship be- 
 tween us. 
 
 After dissolving partnership with Willard N. Jones, I continued to trans- 
 act business for McKinley in the matter of procuring titles for him to lands 
 under the State indemnity laws, and about a year later we entered into a full 
 co-partnership, under the terms of which we operated in timber lands through- 
 out Oregon and Washington up to the time we were both convicted in the 11-7 
 case. 
 
 I found him to be an apt pupil along some lines, although inclined at times 
 to reckless and extravagant habits. He was generous to a fault, and had a 
 faculty of making friends very rapidly wherever he went, and especially with 
 the fair sex, as his good looks and affable manner seemed to appeal to women 
 almost instantaneously. Whatever his failings may have been, I could not help 
 but admire him for his bold and dashing ways, and the confidence he displayed 
 under many trying circumstances. Whether it was a ten-cent piece or a $1,000 
 bill, he would squander both with equal grace, go to bed contented and wake up 
 in the morning with a happy smile. I have known him, in fact, to engage rooms 
 at the Hotel Portland at a cost of $10 a day, with as much as $5,000 in his 
 pocket ; pass the evening at the theater, and before retiring, drop into some 
 gambling resort for the purpose of placing a small bet — "just to win breakfast 
 money," as he would put it. Before leaving the establishment he would lose 
 every dollar he possessed, arise from the table with the same cheery disposition, 
 
 Page 229 
 
borrow the price of a meal from a friend and repair to his bedroom, where he 
 would sleep as ])eacefidly as an infant. In the mornino- he would wake up and 
 dress, seek some downtown lunch counter and relish a 20-cent breakfast with 
 the same g^usto he miyht disi)lay at a feast for the gods. He wx)uld then brace 
 up to anything; that looked like ready money, close another big deal, and before 
 nightfall be in the swim again with pockets lined with gold, and as ready and 
 willing as ever to repeat his performance. 
 
 It was while we were engaged in business along the lines indicated that 
 McKinley first met his present wife. As Miss Marie L. Ware, she was the 
 United States Commissioner at Eugene, Oregon, and the two were brought in 
 frequent contact through ofiicial association, as our transactions through her 
 office were quite extensive, and originally upon a perfectly legitimate basis. It 
 was a bad case of love at first sight between them, and anybody but a blind 
 person could readily guess the outcome. Although Horace, was already married, 
 and had a wife living at West Salem, Wisconsin, the cares of matrimony hung 
 very lightly upon his shoulders and did not hinder him in any way from paying 
 devout court to the fair Marie. So attentive to each other did they become, in 
 fact, that Mrs. McKinley finally sought a divorce from her husband, and the 
 ink was hardly dry on the decree before Horace and Marie were made husband 
 and wife. As the facts relating to their marriage have never been published, 
 and as they naturally form an interesting feature of my story, it affords me 
 pleasure to give my readers full details of the affair. 
 
 Immediately after the conviction of Senator John H. Mitchell, in the 
 summer of 1905, I had a consultation with McKinley, and as we had some 
 timber deals pending, we decided to go East and endeavor to close them up. 
 Taking the train at Portland, w^e proceeded direct to Chicago, remaining there 
 something like a month or six weeks, wdien McKinley returned to Seattle, 
 where he expected to negotiate the sale of some lands, while I went to Detroit, 
 Mich., from which point I operated throughout the State, visiting a number of 
 the larger timber land operators with whom I was acquainted, and also calling 
 on several in the State of Wisconsin with whom I had done business previously. 
 I found them all more or less indift"erent to making further investments in 
 Oregon titles, however, and w^as unable, because of the land fraud trials, which 
 were then in full progress, to consummate a deal of any particuar magnitude, 
 although I did succeed, through hard work, in disposing of a few quarter sec- 
 tions of minor importance. 
 
 The main question in the minds of Eastern lumbermen at that moment 
 related to the validity of titles to lands which they had already purchased, and 
 few among them felt disposed to make additional investments, because of the 
 stirring up that Francis J. Heney was giving the timber land operators at that 
 particular time, and which, it was believed by many, would affect lands to which 
 they had already received patents. I soon found, in discussing the subject of 
 Mr. Heney's prosecution of the Oregon cases, that more time was being con- 
 sumed in giving information than was being devoted to the selling of lands, and 
 commenced to feel discouraged because of the outlook of turning an immediate 
 trade. While thus engaged I received a letter from McKinley, written at Seattle, 
 in which he advised me of his wife having secured a divorce from him. and of 
 his intention to wed Miss Marie L. Ware, of Eugene, Oregon, and requesting 
 me to meet Miss Ware and himself in Chicago, where the ceremony would take 
 place. I was much surprised in receiving AIcKinley's letter, as it was the first 
 intimation I had received that my old partner was divorced and free to w-ed the 
 woman of his choice and for whom I was aware that for some years past he 
 had entertained a great admiration. 
 
 Upon receipt of his letter. I immediately wired my acceptance of his 
 invitation to the wedding, and lost no time in reaching Chicago, where I found 
 Miss Ware and McKinley registered at the Morrison Hotel, they having arrived 
 from the West that morning. 
 
 Page 230 
 
Marie Ware-McKinley, whose marriage to Horace G. McKinley 
 
 was the occasion for much joy at the wedding 
 
 feast in Chicago 
 
After aca)ni]ianvin,q^ thcni to the courthouse, where a marriage Hccnse was 
 ])rocured. we look an automobile and repaired to the parsonage of an Episco- 
 pahan minister, that being tlie church in which Miss Ware was baptized, and 
 she expressed a desire to be married under its rites. We found, however, upon 
 arrival there, that the pastor could not perform the services on account of 
 MoKinley being a divorced person. 
 
 Returning to the courthouse, we consulted with the Clerk of the Court, 
 who coniluctcd us to an official in the same building, who performed the cere- 
 mony, after which a few hours were spent in automobiling about the city and 
 taking in the sights. We then returned to the hotel and jirepared for the wed- 
 ding feast, which had previously been arranged for at Kinzie's cafe. 
 
 To those of McKinley's friends who are acquainted with the man and 
 with his manner of doing things, it is useless to observe that no detail in the 
 arrangements had been overlooked, and that the spread was a most elalxjrate 
 one. Even to the orchestra itself, wiiich consisted of the very best talent in the 
 city, he had given his personal attention, going so far as to make selections of 
 the music which they should render for the edification and pleasure of his guests. 
 
 The decorations, consisting chiefly of choice flowers of the most expensive 
 varieties, were exceedingly profuse and very artistically arranged. The whole 
 surroundings, in fact, denoted the gala feast of a W'estem prince, and those who 
 partook of the good things on that occasion will ever remember their host as 
 the liberal entertainer for which he is famed the lengh and breadth of the land. 
 
 I had the honor of acting in the capacity of "best man," 'and as such, was 
 given a favored place at the festive board. It might be stated, however, that 
 every gentleman present, being more or less imbued with a sense of chivalrous 
 responsibility, assumed the honor of attending upon the groom and his charming 
 bride. But we had failed to reckon with our host and his accustomed style of 
 entertaining. As the time wore merrily on, and the popping of corks contributed 
 its emphasis to the general hilarity of the occasion, McKinley discovered that 
 quite a number of the regular patrons of the cafe, who had lingered to give 
 audience to the delightful music, were not receiving sufficient attention, according 
 to his ideas of true Western hospitality. He thereupon lost no time in extending 
 an invitation to all hands in the dining room to join in the festivities, the orches- 
 tra itself being included in the spontaneous request. As the ranks of those 
 already in the establishment were constantly being augmented by newcomers, 
 who were likewise given the glad hand by the irrepressible McKinley, the affair 
 soon developed into one of the grandest receptions of its kind ever witnessed in 
 Chicago, and that the local newspapers did not get hold of the story is one of 
 the mysteries of modern journalism. 
 
 In consequence of the quantity of good things of life consumed, the 
 orchestra took a marked departure from its programme as originally planned 
 with such artistic measure of the proprieties by the genial host. Instead of the 
 sweet strains from Lohengrin awakening all the sentiments of those present 
 they were regaled with "A Hot Time in the Old Town Tonight ;" and in place 
 of other classic selections, made by McKinley with equal consideration as to the 
 fitness of things, the orchestra had its own ideas on the subject, and furnished 
 the merrymakers with all the latest ragtime music. 
 
 Needless to say, Mac was the lion of the hour, and congratulations were 
 showered upon the happy couple from every quarter of the cafe. Some weeks 
 later, cards were out announcing that Mr. and Mrs. Horace G. McKinley would 
 be "At Home" to their friends after November 1, 1905, on their homestead 
 in 11-7. It was a fitting climax to the vaudeville features of the occasion, and 
 illustrates fully with what feathery weight the serious affairs of life rested upon 
 those most concerned. They remained for awhile in Chicago, but later took a 
 honeymoon trip to the Pacific Coast. Leaving Marie in Seattle, Horace returned 
 East, and I met him in Chicago again. Together we w-ent to Minneapolis, from 
 whence Horace sent for Marie, and she joined him there. 
 
 Page 232 
 
While we were in Minneapolis, McKinley informed me that he might 
 have to leave the country for awhile, and that he had consulted Cliicago attor- 
 neys with that object in view. They had given him a synopsis of the extradition 
 laws, showing that there were few countries he could go to where he would 
 be safe from extradition under the treaty laws for offenses of a conspiracy char- 
 acter. He virtually had his choice between China and some of the South 
 American republics. 
 
 "No doubt, Steve," he said, in explaining matters, "we will want to cor- 
 respond with each other, and this had better be done through my cousin, Allie 
 McKinley, who conducts a saloon at 222 McAllister street, San Francisco, as he 
 can be trusted on account of his relationship to me." 
 
 Up to this time I had entertained no thought that McKinley intended to 
 leave the country. Soon after he took his departure, without any of us knowing 
 his destination, and later he wrote to Marie from Omaha, stating that he was 
 en route to either Florida or San Francisco, and it would be uncertain when she 
 would hear from him again. It developed that he went to China, and it was a 
 long time before I received any direct word from him. What I did get bore 
 striking evidence that all the humor in his nature had not been entirely obliterated 
 by contact with disagreeable experiences. One of his communications to me con- 
 sisted of a photographic postcard, exhibiting the picture of a Chinese in "stocks," 
 the form of punishment for certain offenses in vogue in that country. Upon 
 this, in his familiar handwriting, McKinley had inscribed, "This Chink stole a 
 piece of Government land in China." That was all, but it struck me as amply 
 expressive. He did not even sign his name, but it was unnecessary for him to 
 have done so, as the whole thing spoke volumes, and I could trace his facetious 
 individuality in every word. A facsimile of the postcard is given herewith. 
 
 Chines Vcrbrecher 
 
 Page 233 
 
Chapter XV 
 
 u 
 
 Pcscribcs Putiv's flii^ht from the Pacific Coast upon learning that the Orego)i 
 State authorities 7cere after hi)n on account of his connection ivith alleged 
 fraudulent school land deals in that State — Also tells about the various 
 disguises he adopted to az'oid detection, and gives the inside facts pertain- 
 ing to his unique system of correspondence with his family and friends for 
 the purpose of baffling pursuit. 
 
 IN visiting Minncajjolis, about the latter part of October, 1905, I was surprised 
 to meet Mrs. Marie W'are-McKinley, in company with her mother-in-law, Mrs. 
 James McKinley, at the Nicholet Hotel. I asked Marie as to the whereabouts 
 of Horace, whereupon she replied to the effect that she had hoped to learn from 
 me where he was, as he had left for parts unknown several days before. Marie 
 then inquired if I had learned of any trouble, as Horace's actions, she stated, de- 
 noted that all was not right. Being in the dark on the subject, I could give Marie 
 no information, so she said she would go on to San Francisco, where she would 
 remain with her brother, Joel Ware, until something definite was learned about 
 her husband. 
 
 From Minneapolis I returned to Michigan, where I remained several weeks, 
 and then, concluding to go home, I went to Chicago, where I purchased a ticket 
 for Berkeley, California. At Ogden, I secured a few Portland Oregonians of 
 recent dates, and in perusing them later, I noticed an article stating that both 
 McKinley and myself were wanted in Oregon for some school land transactions 
 of an alleged fraudulent nature, reference to which is made in a subsequent chap- 
 ter. 
 
 Arriving at Berkeley, my wife informed me that some officer had a few 
 days previously called at the house and asked if I were in the city, and she told 
 him that I had last been heard from in Chicago, as she then had no knowledge 
 of my movements. 
 
 Concluding that I w'as being wanted on some charge, and not desiring to 
 return to Oregon at that time, as I was then under $8,000 bonds, and did not wish 
 to be put to the trouble of finding additional sureties, I decided to go to New 
 York, where 1 was unknown, until such time as I could get additional information 
 with reference to the charge against McKinley and myself, and communicate with 
 him in regard to the matter. 
 
 Not wishing to impose the necessity of falsity on my wife, because of her 
 known aversion to becoming a party to anything of the kind, I told her that I was 
 going up to Humboldt County, Cal., and would return on the Steamer Pomona in 
 about ten days. I did not, however, have any intention of going there, but if she 
 were pressed for a direct answer as to my wherealx)uts, she would be enabled to 
 tell the whole truth, so far as her knowledge went, and at the same time, I would 
 be safe from detection. 
 
 Gathering together what few things I might require for a short tri]). in 
 the shape of wearing apparel, etc., I took the Berkeley train to the Oakland pier, 
 and crossing the bay to San Francisco, engaged a room at one of the uptown 
 hotels, where I remained three days. While there, I called on Marie to ascertain 
 if she had received any information concerning her husband since his sudden 
 departure. She stated *that she had heard of Horace having sailed for the Orient 
 some ten days previous to her arrival in San P'rancisco, accompanied by "Little 
 Egypt," a notorious muscle dancer. .She admitted that Horace might have gone 
 to China — in fact, thought it probable that he had — but would not believe that 
 
 Page 234 
 
he had taken Little Egypt with him. Marie expected daily to hear from her 
 husband, as he told her brother, Joel Ware, that he would write when settled, 
 and would address all correspondence direct to him for her. 
 
 Leaving Marie, I consulted an old friend, in whom I had implicit confi- 
 dence, for the purpose of making arrangements about my own correspondence, and 
 put him "wise" to the situation. It was decided between us that in order to cor- 
 respond with my family and friends and to receive such communications from 
 them as they might wish to send me, it would be best for him to engage a postofiice 
 box in San Francisco under the name of C. C. Cravet, a name I had selected at 
 random for the reason that there was none similar to it in the city directory of 
 San Francisco. 
 
 After renting the box, my friend returned to his home, where I was in 
 waiting, and gave me the number, which I made a note of in my diary. I then 
 instructed him to visit the postoffice for mail not oftener than three times each 
 week, and always at night, and under no circumstances was he to abstract a letter 
 from the box if any one was in the lobby. I instructed him further, upon receiv- 
 ing mail from me addressed to C. C. Cravet, that he was to open the outer envel- 
 ope and deliver the sealed envelope inside to whomsoever it might be directed. All 
 answers to my letters he was to call for personally, the same to be enclosed in a 
 blank envelope, which he was to address to me in his own handwriting to J. H. 
 Brownell, General Delivery, New York City. 
 
 I requested my friend to call on Mrs. Marie Ware McKinley, corner of 
 Bush and Jones streets, at least once each week for any letters she might have for 
 me from her husband, Horace G. McKinley. Also to call on my wife at Berkeley 
 for any mail she might wish to forward, but not to make this latter visit until 
 after he had received a letter from me addressed to her. It was distinctly under- 
 stood that under no circumstances was my friend to divulge to my wife, any mem- 
 ber of my family, or to Marie Ware McKinley, the name, J. H. Brownell, which 
 I had assumed ; neither was my whereabouts to be made known to them, nor was 
 he to inform them as to the name or manner under which he was receiving mail 
 from me. Visiting Marie McKinley again, I told her that a friend of mine would 
 probably call at least once a week for any information she might wish to communi- 
 cate to me from her husband, and instructed her, in all cases, to seal such com- 
 munications in a blank envelope before delivering it to this friend, who would take 
 care of the rest. 
 
 As to the name, J. H. Brownell, while I did not use the initials of the only 
 original and notorious person of Oregon political fame, I could not resist the 
 temptation of employing the name itself, as it occurred to me that a man with 
 George C. Brownell's reputation for squeezing out of tight places, however 
 pinched the situation or small the hole, could not help but bring me luck if I were 
 ever surrounded by similar conditions. 
 
 In explanation of the great precaution taken with my mail to avoid 
 detection, it may be stated that I became quite familiar with the methods adopted 
 by the well known Government secret service agent, W. J. Burns, during the land 
 fraud trials in Oregon. He had often related to me, in describing past adventures, 
 of the difficulty experienced in trailing counterfeiters and other Federal criminals, 
 in which cases, he would frequently be obliged to resort to seeking information 
 through the mails in order to run his quarry to cover. 
 
 It is well known, of course, that Uncle Sam protects the patrons of his 
 postoffice department to the extent of forbidding any one, the Government detect- 
 ives included, from meddling with mail matter in transit from one place to 
 another, or while being distributed at the postoffices. It is nevertheless true that in 
 certain instances and under pressing circumstances wherein our Uncle himself may 
 be concerned, these Secret Service men of the Govrnment, if I am to take Mr. 
 Burns' statement seriously, have a peculiar habit of camping on the mail over- 
 night, with the result that they are very much enlightened in the morning concern- 
 ing the contents of certain letters over which they have slumbered. 
 
 Page 235 
 
Having made all arrangcnients with regard to the forwarding of my mail, 
 and being anxious to leave the city without further delay, as the daily papers, at 
 this time, were making frequent mention of the official desire to apprehend AIcKin- 
 ley and myself, I decided on adopting some little disguise by way of extra precau- 
 tion, so I proceeded to a barber sho]) in a remote section of the city, where I was 
 relieved of my moustache, much to the disarrangement of my facial beauty, to say 
 untiling of my personal pride. I then rej^aired to a haberdasher establishment, 
 where 1 purchased a line of wearing api)arel, altogether different from anything 
 which I was accustomed to wear, including a very long, light-colored coat, besides 
 a slouch hat, of the genuine cowboy style. In addition to this, I purchased a pair 
 of gold-rimmed spectacles, which materially changed my appearance. Calling on 
 my friend again, for the purpose of making further arrangements in regard to my 
 mail, as well as concerning plans for my departure from the city, I was much sur- 
 prised and gratified to observe that neither himself nor his sister recognized me 
 until I spoke. 
 
 At my request he purchased a ticket for me to New York City, over the 
 Santa Fe line, via Kansas City and St. Louis, checking my trunk direct to New 
 York. I also instructed him to take the Santa Fe ferry boat from San Francisco 
 to Point Richmond, at which point I would meet him, when he could hand me my 
 transportation and trunk check. At 9 o'clock that evening, I took the ferry boat 
 for Oakland, thence by street car through Berkeley to Point Richmond, arriving 
 there at 11 o'clock, just in time to see my friend and catch the train. It being 
 late, and feeling fatigued after my day's running around. I went direct to my berth 
 and retired for the night. On the morning following, while on my way to the 
 dining car, I was particular to observe every one with whom I came in contact and 
 was pleased to know there were no familiar faces on the train. 
 
 Upon arriving in New York City, I registered at the Cadilac Hotel, 43rd 
 and Broadway, under the name of R. S. Barr, Chicago, Ills., remaining there about 
 a fortnight. During this time I did not seclude myself, being on the streets every 
 day. nor did I attempt any further disguise than that adopted immediately before 
 leaving San Francisco. I felt perfectly safe in New York City, as the transient 
 po])ulation is very large, and one might easily travel about the city for months at 
 a time without any fear of recognition, even without any disguise. 
 
 My first act upon arriving in New York was to write to my wife, dating 
 the letter from Vancouver, B. C, although I did not make any reference to my 
 real address, creating the impression that I was in that city at the time of writing. 
 This letter was inclosed in an envelope addressed to Mrs. S. A. D. Puter. Berkeley, 
 Cal., and it in turn was placed in another envelope, addressed to C. C. Cravet, Box 
 371, San Francisco, Cal. Upon receiving reply, about nine days later, which came 
 through to J. H. Brownell, care General Delivery, New York City. I felt 
 assured that, for a starter, at least, my mail system was working to perfection. In 
 her letter my wife expressed great surprise relative to my whereabouts, as she was 
 under the impression I had gone to Humboldt County, Cal., and for some time had 
 been expecting me home. 
 
 As things were becoming monotonous. I decided to go to Boston, and pass 
 a few days in sightseeing. Arriving there, I registered at the Lexington Hotel, 
 still using the name R. S. Barr, of Chicago. After remaining about ten days, I 
 took quite a liking to the historic old city, so returned to New York for my trunk 
 and mail and then came back to Boston. 
 
 In the mail was a letter from my wife, in which she informed me that two 
 officers had called at the house, stating that they had a search warrant for me, and 
 had demanded permission to search the premi.ses. My wife informed me that she 
 protested against any such action on their part, assuring them that I was not at 
 home, and that I had not been in the city for several weeks. However, she had 
 consented to the search being made after they asserted their authority to do so. 
 
 My wife's description of the manner in which the two officers went through 
 my house, from garret to basement, was very amusing. With fine clothes and 
 
 Page 236 
 
State Senator Robert A. Booth, Vice-President of the Booth- Kelly 
 
 Lumber Company, under indictment for 
 
 Oregon land frauds 
 
spotless linen at the beijinnint:^ of their search, because of their persistency in 
 going through every old box in the garret and storeroom, they left looking much 
 like a brace of professional chimney-sweeps. They had gone through everything 
 — had even thrown the laundry out of the clothes-bag and inspected the inside to 
 make sure that I was not sticking to the bottom. Finally the chinmeys were 
 probed, until the sleuths had bespattered themselves — and everything else — with 
 an ancient accumulation of soot, and not until the very walls of every room had 
 been carefully sounded, were they satisfied to give it up as a bad job. 
 
 This letter was the first authentic informatoin I had received that satisfied 
 me the officers were really wanting mc. though I suspected from newspaper reports 
 that such was the case. However, I felt very much gratified to learn, as this letter 
 indicated, that the officers were altogether off the scent. 
 
 On this second visit to Boston, I put up at the Thorndyke Hotel and con- 
 tinued to walk about the streets and visit the theaters, as I had been accustomed to 
 doing in New York City, using a little more precaution, however, by way of 
 disguise, having adopted the use of goggles, which enabled me to recognize famil- 
 iar faces on the street without exciting comment. 
 
 During my two weeks' stay at the Thorndyke, I recognized two or three 
 familiar faces from the Pacific Coast, so I concluded it w^ould be safer to stop at 
 some private boarding house, not so centrally located, where I would be less liable 
 to detection. This I found in a private family on Massachusetts Avenue, opposite 
 the Fenway branch postoffice. where I engaged board and room by the week. I 
 was now located in the fashionable residence district about a mile and a half from 
 the center of the city. After my week was up, the place having proved entirely 
 satisfactory. I engaged room and board by the month, as I expected to remain 
 some time, or until I could learn definitely how matters stood. 
 
 In the meantime. I received several letters from my wife, through C. C. 
 Cravet, all of which had come through the General Delivery Department of the 
 main or downtown postoffice ; so after becoming located in my new quarters, I 
 wrote and instructed him to address all mail in future to the Fenway branch post- 
 office, care General Delivery. 
 
 The first letter received at the new address was from Horace G. McKinley, 
 dated at Shanghai, China, which he had forwarded to his wife with instructions to 
 send to me. It contained little news of importance, further than to apprise me that 
 he was in Shanghai, and that he was undecided about his future movements. He 
 stated also that he had made arrangements with his cousin, Allie McKinley, of 
 McAllister street, San Francisco, whereby myself and other friends might cor- 
 respond with him in safety, and requested me to send my reply, and all future 
 communications, to Allie, to be readdressed by him in China. 
 
 Horace spoke of his cousin as being thoroughly reliable and trustworthy 
 and a person in whom I might place every confidence without reservation, and 
 urged that I adopt this means of communicating with him. rather than to try to 
 reach him through any other source. 
 
 While I had no reason to question Horace's opinion, or to believe that his 
 confidence in Allie had been misplaced, at the same time, I had made my own 
 arrangements as to how I should communicate with friends, so instead of follow- 
 ing Horace's advice in making reply. I sent it direct to my friend C. C. Cravet, 
 who delivered the letter in person to Mrs. Marie Ware McKinley, who was to for- 
 ward it to her husband. 
 
 In Horace's second letter, received a few weeks after the first, he appeared 
 anxious to learn if it were possible to adjust the difficulties into which he had 
 recently become plunged, stating that in such event he would gladly return to the 
 United States. Replying to this inquiry, I assured him that I was not in a position 
 to give him the desired information, for although I had written to all the parties 
 with whom he had dealings in school lands, I had not. at the time of writing." 
 received answers to any of my letters. 
 
 Page 238 
 
During- the three months I was in Boston, it was my custom to make daily 
 visits to the pubHc Hbrary for the purpose of scrutinizing the columns of the Port- 
 land Oregonian, that I might keep in touch with affairs on the Pacific Coast, and 
 more particularly, that I might learn if there was anything new in my case. In 
 looking over its columns, about the first of February, 1906, I noticed an article 
 stating that Francis J. Heney had instructed W. J. Burns, the detective, to appre- 
 hend Horace G. McKinley and myself, and bring- us into camp forthwith. I 
 had realized for some time, because of the search made of my house in Berkeley, 
 that I was being wanted by someone, but had no positive knowledge, until read- 
 ing the article in question, that the Government officials were concerning them- 
 selves as to my whereabouts. 
 
 As I was under $8,000 bonds to the Government, and had no thought 
 of running away from the Federal charges, my first impulse was to wire Mr. 
 Heney to that effect, and to state, in substance, that I would be on hand when 
 wanted. However, as I had not yet heard from those to whom I had written 
 with reference to the State land trouble, and believing that the Government was 
 not yet ready to go to trial on cases in which I was concerned, and as I con- 
 sidered myself reasonably secure from detection and was desirous of securing 
 additional time in which I hoped to adjust the other difficulty, I decided to remain 
 in my present state of seclusion for awhile longer. Meantime, I continued in 
 correspondence with my family and others as usual, and concluded that so far 
 as my method of postal communication was concerned, there was no danger of 
 my hiding place being discovered. 
 
 Indian grave constructed of drift wood on 
 St. Michaels Island, A laska 
 
 Page 239 
 
Chapter XVI 
 
 Full particulars rci^ardini:^ Fitter's c.vcititii:; capture by Secret Scri'icc Agent Burns 
 at the Fenzvay Branch Fostoffice in Boston, on the night of March 26, ipo6, 
 and his subsequent sensatio)ial escape from the fatuous Government sleuth 
 — Clever plans are prepared for ensnaring the land fraud king, but the 
 postmaster's blunder upsets calculations — Futer's gun-play after a fierce 
 battle on the sidezcalk causes the great detective to beat an unceremonious 
 retreat and enables the zvily land grabber to get away — Details successful 
 efforts to evade re-capture, and tells about his zvanderings following 
 escape from Burns. 
 
 BUT I had reckoned unwisely, for while it must be admitted that every reason- 
 able precaution had been adopted by me relative to my correspondence, and 
 
 beyond any question of doubt my friend Cravet had discharged faithfully 
 the trust imposed upon him, at the same time I had overlooked the fact that 
 "Foxy Ouiller" Burns was on my trail, and if he became set on making a capture, 
 would find the means of running me down. 
 
 About 5 :30 o'clock on the afternoon of March 26, 1906, I visited the 
 public library in Boston, as was my usual custom, for the purpose of looking 
 over the files of the Portland Morning Oregonian, in order to keep in touch with 
 afifairs at home, and while en route to my room, stepped into the Fenway branch 
 postoffice and inquired for my mail. It struck me as rather peculiar that the 
 postmaster should respond offhand in an unusually loud tone of voice, "Yes, 
 Mr. Brownell, I believe we have a letter for you !" but I did not give it much 
 thought, and took more interest in watching him sort over the mail. He finally 
 handed me a letter, which I placed in my pocket and was on the point of taking 
 my departure when I received a light tap on the shoulder. Glancing quickly 
 around, whom should I behold but the immortal William J. Burns himself, and 
 as one glad to meet an old friend, he extended his hand with the remark : 
 
 "Hello, Steve, how are you ?" 
 
 Returning his cordial greeting, I expressed surprise at meeting him in 
 Boston, remarking that I supposed he was still on the Pacific Coast. 
 
 "Well, I am everywhere, you see," explained Burns. "Step into the pri- 
 vate office, Steve, and I will tell you how it hai)pened," he continued. 
 
 jNIaking a swift sweep of the lobby with my eyes, apparently unconcerned, 
 I noticed a number of persons of both sexes moving about, but one man in 
 particular impressed me as keeping a close watch on Burns' actions, as if with 
 the intention of assisting him should occasion require. 
 
 In compliance with the request, I stepped into the private office of the 
 postmaster, and taking seats, we entered into a general conversation. Noting 
 that I had taken from my pocket the letter just received, and was holding it in 
 my hand, Burns suggested that I open and read it, as it was probably from my 
 wife. I proceeded to do so, when a small newspaper clipping dropped from the 
 envelope to the floor. Observing this, Burns said : 
 
 "That is an article regarding McKinley's escape to China with 'Little 
 Egypt,' and will prove of interest to you !'' 
 
 With this remark, the thought immediately flashed through my mind that 
 the wily detective had enjoyed another "sleep" on the mail sack. 
 
 Observing that the Boston postmark on the back of the envelope indicated 
 that the letter had arrived that day. and recalling that I had inquircfl for my 
 mail the day before, as well as on that identical morning, I concluded that my 
 
 Page 240 
 
William J. Burns, the famous Government sleuth, from whom 
 
 Puter made his sensational escape in Boston on 
 
 the night of March 26, 1906 
 
friend Burns had just reached town. I would not insinuate for a moment 
 that the Government sleuth carried my letter with him all the way from Berkeley, 
 California, to Boston, but of one thing I felt certain, and my assumptions after- 
 wards proved correct — Burns and the letter arrived in the Eastern city simul- 
 taneously. My readers may therefore draw their own conclusions as to how, 
 when and where he became possessed of the knowledge that this particular 
 epistle was from my wife, and that the clipping it contained was a graphic 
 description of McKinley's escape to the balmy shores of the Orient. 
 
 Opening the letter, I made every pretense of perusing it. Another thought, 
 however, occupied my mind. Realizing, as I did, that the critical moment had 
 arrived, it was a question with me as to just how I should act, particularly having 
 in view the idea that to keep cool was my only salvation. This had been im- 
 pressed upon me from the very moment that Burns had electrified my entire 
 nervous system by his magnetic touch on my shoulder. 
 
 It was the recollection of the many stories told me by Burns himself 
 during the period he was gathering evidence in the land fraud trials at Portland, 
 that put me on my guard. I was with him a greater portion of that time, and we 
 became quite confidential to a certain degree. He had often related thrilling 
 anecdotes connected with his capture of dangerous criminals, and had invariably 
 attributed his success to the bold and fearless manner in which he would go 
 after them, laying particular stress upon the necessity for keeping his head under 
 the most trying circumstances. Therefore, if I hoped to accomplish results, I 
 must follow the teachings of this past master of the art, and through the adop- 
 tion of his tactics, it will be seen later how the pupil eclipsed his instructor. 
 
 Glancing hurriedly through the letter, as if to make casual note of its 
 contents, I finally settled down to an ostensible careful perusal, but in reality as 
 a measure for gaining further time, as night was w^earing on, and I eagerly 
 welcomed the darkness. When I thought it impossible to give the letter more 
 attention without arousing suspicion, I placed it in the envelope and methodically 
 returned it to my pocket, after which we proceeded to engage in general con- 
 versation once more. 
 
 He asked me all about matters in which we were mutually interested : how 
 long I had been East, and what I was doing in Boston ; had I heard from 
 McKinley? and why did he run away? The subject of my home affairs also 
 engrossed the careful consideration of my distinguished host, and the Oregon 
 land fraud situation formed an interesting feature of our discussion. 
 
 I felt, as the moments passed, that each would be my last in the postoffice, 
 and that Burns would soon suggest a change of base. I could not understand, 
 at the moment, why he did not broach the subject of his mission to Boston, as 
 I knew full well that his sole purpose in coming there was to place me under 
 arrest. It developed, however, that he, like myself, was playing for time, but 
 with another object in view. In my case, I hoped for night to come that I might 
 make good my escape ; with him, it was a question of delay in order to surround 
 himself with sufficient force to effect my capture without difficulty, and prevent 
 any possible chance of escape. 
 
 Detective Burns, when he first arrived at the Fenway postoffice. had 
 arranged with the postmaster that the police department should be notified imme- 
 diately after my appearance, when a squad of patrolmen should be sent to escort 
 me to the station. It was also agreed between them that the postmaster, upon 
 arrival of these reinforcements, should tap gently with his pencil the frosted 
 W'indow of his private office, which was to be the signal to Burns that everything 
 was in readiness. This precaution had never occurred to me, and when, in the 
 general course of business, the postmaster accidentally dropped his lead pencil, 
 its ringing notes fell as a signal upon expectant ears, and brought with them a 
 complete change in the demeanor of my entertainer. Rising brusquely from his 
 seat, and addressing me in the coldest tones imaginable, with a light in his eyes 
 that told its own story of suddenly acquired confidence, he said: 
 
 Page 242 
 
"You are aware, no doubt, Puter, that I have a warrant for you, and that 
 you will be obliged to return with me to Oregon ?" 
 
 "Yes, Mr. Burns, I presumed as much when you first spoke to me," was 
 my rejoinder. 
 
 "Well, Steve, come along then — we will be on our way to the station," 
 continued Burns, at the same time grabbing me roughly by the coat sleeve. As 
 he said this, there was another noticeable transformation in the man's conduct 
 towards me, and had I not been prepared for it in a way, his heartless manner 
 might have worked my complete collapse and upset all my plans. It was the 
 change from Burns, the man sociable — my friend — to Burns the detective, cold 
 and severe ! 
 
 At this point I made some effort to parley with him, still hoping to gain 
 a little more time by the operation. We had reached the door of the private 
 office, and it was partially open. Standing thus, I endeavored to secure from 
 him an admission as to the particular cause of my arrest, as I was still under bond 
 to the Government in all the Federal cases against me, and could not understand 
 what motive prompted a Government official to demand my return to Oregon 
 when I felt satisfied that whatever new criminal proceedings had been instituted 
 against me were the result of State charges. 
 
 However, when I saw that it was useless to attempt any further delay 
 along these lines, I apparently gave in, and consented to do as he desired, but 
 requested the privilege of being permitted to go to my room for my grip and 
 suitcase and such clothing as I might require for the journey West. My object 
 in making this request was to get Burns where I knew he was unacquainted, and 
 to a locality where I was familiar with every nook and corner, and because of 
 this knowledge of surroundings, to give him the slip and get away. 
 
 But "Foxy Quiller" Burns evidently suspected my object, and avoided the 
 trap, so I dropped the subject without further comment. I knew, as a matter of 
 fact, that my opportunity would come, and concluded to be patient until that time 
 arrived. My watchword, as in the beginning, was to keep cool. 
 
 After we had stepped into the lobby of the postoffice, I glanced around, and 
 to my surprise and satisfaction, I observed but one man present — the one who 
 had been there when we entered the private office. A number of women were 
 also moving about, attending to postal matters, but they did not interest me so 
 much as to know that so far as Burns and myself were concerned, we were prac- 
 tically alone. 
 
 This idea must have been uppermost in the mind of my captor, because, 
 upon reaching the street, still arm in arm, there was a look of keen disappointment 
 on Burns' countenance. He was manifestly agitated, and his air of supreme con- 
 fidence that had reigned with such visible force a few moments previovisly, had 
 apparently deserted him. He glanced uneasily around from right to left as if 
 seeking somebody, and all his actions indicated clearly that he was very much at 
 sea over some unexpected situation. 
 
 Knowing that the police station was but two blocks away, I realized that 
 the time for action had arrived, and that something must be done without delay. 
 I anticipated, as a matter of course, upon reaching the corner, that Burns would 
 turn to the right for the purpose of walking me directly to the station, but instead 
 he stopped, or hesitated, as it were, and I could now see that the great, bold and 
 daring Burns, the one fearless detective who was reputed to be the personification 
 of an iceberg itself, even under the most trying conditions, had really become 
 excited. 
 
 Upon reaching the corner and glancing about again, he noticed a car 
 approaching and suggested that we take it. Realizing at once that he was in 
 Ignorance relative to the close proximity of the station, and as a measure to gain 
 further time, I remarked : 
 
 "Didn't you say we were going to the police station ?" 
 
 "Yes," replied Burns. 
 
 Page 243 
 
"All rig-ht." I ventured ; "but that is not our car. It will probably be the 
 one following; or the next after that." 
 
 From the nionient of leaving the po.stofifice, I had been planning as to just 
 how and when I should attempt to reach my revolver, which was in a rear trou- 
 sers pocket, and difficult to get hold of on account of the long, heavy overcoat I 
 was wearing. I must, of necessity, get my hands on it, and at the same time 
 avoid arousing suspicion — but how? 
 
 Burns' uneasiness and the excitement under which he was laboring gave 
 me much encouragement, and was just the kind of stimulant I required for action. 
 
 The corner upon which we were standing was a very busy one, more espe- 
 cially at this time of evening, as it was now shortly after 6 o'clock. 
 
 The accompanying cut shows the Fenway postoflfice, located at the corner 
 of Boylston street and Massachusetts Avenue, in the State Street Trust Com- 
 pany's branch building. 
 
 As the cars were coming thick and fast, crowded with passengers, most 
 of whom were obliged to transfer at this particular point, and secure transfers 
 from the agent who stood at the electric pole to the left, as shown in the photo- 
 graph, and in doing so, were obliged to pass directly by where Burns and myself 
 were standing, I concluded, because of the rush and confusion incident to the 
 situation, that my opportunity had arrived. 
 
 I was watching with eagerness the cars as they came from every direction, 
 and particularly the one upon which we were supposed to depart. Waiting 
 patiently for that supreme moment when I could decide that our surroundings 
 had reached the climax of all possible expectation in the way of a crowded condi- 
 tion, ever hoping that the moment might arrive when the congestion of moving 
 humanity would become still more intense — as I stood thus, all hope, all expect^ 
 ancy, I could see our car nearing the corner, with but one in advance. As through 
 providential kindness, it was crowded to the very limit. It would, in common 
 with others, unload its human burden, and the transfer man would again become 
 overwhelmed with business. 
 
 Some ruse, some excuse, something, anything — but what? Happy thought! 
 My handkerchief, which was in an inside pocket of my overcoat, was soon in 
 hand, and after apparently mopping my face, I proceeded to replace it, but not, 
 however, from whence it came. The hind pocket of my trousers would prove a 
 better receptacle, so carelessly thrusting the flap of my overcoat to one side. I 
 made a pretense of executing this intention. 
 
 The scene changed ! The handkerchief fluttered carelessly to the sidewalk, 
 and from the recesses of my pocket came a murderous looking object that must 
 have struck terror in the heart of my captor, if his subsequent conduct is any cri- 
 terion. In leveling the weapon at his head, I had broken from his grasp, but 
 quick as a flash, and doubtless inspired by fear, as I cannot account for his fool- 
 hardiness upon any other hypothesis, Burns pounced upon me in an effort to 
 secure possession of the weapon. 
 
 Thereupon I seized him by the shirt collar and held him at arm's length 
 with my left hand, while with the other I still kept him securely covered. Our 
 position at this time enabled me to obtain a glimpse of his supposed assistant, who 
 stood some ten feet away and directly behind him. although making no apparent 
 effort to aid his chief, if such he proved to be. The policeman, whose station was 
 at the intersection of the streets, was some ten or fifteen feet further back, and 
 somewhat to the right, and evidently too deeply engrossed with his duties in 
 caring for the crowd to note what was occurring. As to his knowledge of exist- 
 ing conditions. I cannot speak authoritatively. I do know, however, that he failed 
 to take an active part in the lively scrimmage, or in fact pay any heed to it what- 
 soever. 
 
 Burns continued to struggle desperately with me that he might gain a 
 more advantageous position, hoping, no doubt, to close in on me and secure the 
 weapon ; but my hold upon his collar was too firm, and the best he could do was 
 
 Page 244 
 
~y> 
 
to tug frantically at my left arm, which he grasped tightly. Struggling thus, we 
 backed up against the side of the building, and as we contested every inch of 
 ground, I threatened him with certain death unless he released his hold. 
 
 "For God's sake, Steve, don't shoot!" he implored. 
 
 It must have been that fear got the better of his judgment when he exposed 
 himself thus, as he ought to have realized my desperate position. 
 
 Finally, after a herculean effort, I managed to throw him up against the 
 wall with such force that I was enabled to wrench myself loose, and before he 
 could recover, I had separated myself from the redoubtable sleuth by the respect- 
 able distance of two or three yards. 
 
 Realizing that "Richard is himself again," and fearing that he might make 
 another attempt to lay hands on me, I advanced towards him resolutely, with 
 revolver pointed directly at his head, and a look of fixed determination in my 
 face, and told him that I would kill him dead on the spot if he attempted to pull 
 his gun. "Damn you, go !" I demanded, menacingly. 
 
 At this, and with the evident thought that 1 intended to carry out my 
 threat, the great detective turned tail and ran in the direction of the postoffice 
 corner, where he found shelter behind a friendly pillar. 
 
 Wheeling around on the sidewalk, with revolver still in hand, I covered 
 the man whom I had all along suspected was Burns' assistant, and ordered him 
 to decamp. He lost no time in doing so, but I have since come to the conclusion 
 that I was mistaken as to his identity, and that he had merely become attracted 
 to the scene out of idle curiosity. 
 
 A number of women had flocked out of the postoffice building while the 
 struggle between Burns and myself was at its height, and were gathered in terror 
 along the sidewalk. Pointing my revolver in their direction, I ordered them to 
 proceed in advance of me, as I knew that Burns would not dare to shoot while I 
 was thus protected. Using them thus as a shield to cover my retreat to the corner 
 below, and perceiving that Burns had not emerged from his position, I thanked 
 the ladies profusely for their kindness in thus aiding me, informing them at the 
 same time that they had probably saved my life, and after tipping my hat to them 
 in the most courteous manner possible, I hiked down a narrow side street at 
 breakneck speed. 
 
 Proceeding thus about half a block, I turned suddenly into an alleyway 
 which extended to the left a distance of several blocks. I had continued my flight 
 down this alley but fifty or sixty yards when I discovered that 1 was completey 
 winded, and on the point of collapse ; so seeing a door open in what proved to be 
 the common basement for a series of large flats, I dodged in, hoping to gain an 
 exit to the street in front. 
 
 Upon entering the basement and making an investigation, I found that 
 I was in a trap, as the street in front of the buildings was much higher in eleva- 
 tion than the alley from whence I had just come, and as a consequence, there was 
 no means of egress in that direction. Returning towards the entrance, I dis- 
 cerned, by the aid of a subdued gaslight, that a stairway led from the basement 
 to the flats above,' but not having any idea then as to where it might lead, I 
 though to avoid it and take chances in the alleyway, hoping to smuggle myself 
 in the crowd by some process and escape detection. 
 
 When I reached the door again, I hesitated long enough to obtain a breath 
 of fresh air, but did not linger, as the clamor of voices, accompanied by the sound 
 of approaching footsteps, aroused my mind and body to quick action. They 
 were now at the very entrance itself, eager as a pack of wolves to devour their 
 prey, but bellowed on, the one evidently intent on outdoing the other in the chase. 
 A few of the older and wiser dogs remained behind to probe the surroundings, 
 yet not daring to venture into the confines of my den. It was not long before 
 the alley was fairly alive with baying humanity, yelping about in wild confusion. 
 
 My thoughts at this time can better be imagined than described. Here I 
 was, having escaped my captor, yet in a worse predicament, if anything, than 
 
 Page 246 
 
before. With one man, or even two, 1 stood some show of escape, but against 
 such an array as was now at my heels, it seemed hke a vain thought that I could 
 prolong the chase, and I was quick to comprehend that my only show of getting 
 out of the dilemma was by process of some clever ruse. While thus engaged in 
 a sort of lightning-like calculation, I heard some one exclaim to his fellows : 
 
 "I followed him closely from the corner, boys, and when I reached the 
 alley, he had disappeared completely. He never, in my opinion, passed this door," 
 and with that he approached the entrance with the remark, "Some of you stand 
 outside here and guard the door, while the rest of us will explore the basement." 
 
 At this I turned my attention to the gaslight, which I reached without 
 attraction, and after turning it down until it was almost extinguished, giving 
 barely sufficient glimmer to permit my return, I started for the stairway to which 
 reference was made when I first entered the basement, and had hardly reached 
 it when the basement door was pushed cautiously aside and two men entered, 
 passing within three feet of where I was concealed behind a post. 
 
 Perceiving that they were making for the gas jet, I glided noiselessly up 
 the stairway, and opening its door, stepped out cautiously onto a porch a few feet 
 above the basement, belonging to the lower flat of the building. Fortunately for 
 me, the porch was surrounded with some lattice work, which enabled me to 
 observe the movements of those in the alleyway below without exposing myself 
 to view in any manner. 
 
 Trying the kitchen door of this flat, I discovered that it was locked and 
 receiving no response from the inside, proceeded to ascend the stairs to the flat 
 above. In this effort, however, I was not so successful in concealing my pres- 
 ence, as I had the misfortune to make a slight noise, which brought from the man 
 underneath the porch, who was guarding the basement door, the inquiry : 
 
 "Who goes there?" 
 
 ''Fisher!" was my assuring answer. 
 
 "What Fisher?" he asked. 
 
 "Why, it's Jack," I responded, as I ascended the stairway two steps at 
 a time to the flat above. It was my turn to play interrogator now, so I asked : 
 "Who are you, and what are you doing down there?" 
 
 The reply, if any, was lost to my ears, as I had now reached the porch of 
 the second flat and had more important business on hand. 
 
 Repeating the performance of trying the kitchen door, and again receiving 
 no response to my knock, I continued to the last flat above, fully determined to 
 break in the door if I met with no better success, as it was impossible for me to 
 turn back with any degree of safety. 
 
 As I neared the head of the stairs, my heart bounded with joy as I noticed 
 a stream of light pouring through the window, and Vv'hile waiting an answer to 
 my summons for admission, its rays were to me as a beacon to some storm-tossed 
 mariner. 
 
 In response to my loud knock, a female voice inside tin idly inquired: 
 
 "Who is there?" 
 
 "It's me," I answered. 
 
 "Who?" 
 
 "Just me — open the door !" and with that I could hear the key grating in 
 the lock and the door swung open. I was oii Vr.2 inside in a second, and closing 
 the door behind me, and bolting and locking it securely, I took a survey of the 
 surroundings. 
 
 Seated at a table in his shirt sleeves, reading the evening paper, was a 
 middle-aged man, while his good wife had evidently been preparing their supper. 
 Both looked pictures of despair, evidently mistaking me for a burglar. As soon 
 as he could recover his presence of mind, the man in faltering tones inquired my 
 business. 
 
 "No business," I replied; "just show me the front door that I may get out 
 on the street !" 
 
 Page 247 
 
"\\)U will ijet <nit of here by the same route you came!" respomleil the 
 man. advauciiii;' thicateiiinj^ly towards me with uplifted chair. 
 
 As may be imaj^ined, I had no time to waste in discussing; the situation, 
 so, drawing' my revolver and leveling- it full at his head. I demanded in the fiercest 
 tones at my command : 
 
 "\'ou open that front dcx)r, and be d — d quick about it!" 
 
 The effect was instantaneous. The poor fellow turned as white as a ghost, 
 and imploringly told his wife to let me out. He was too far gone himself to do 
 so. and it was amusing to watch the antics of the couple after that. Com])ared 
 with my ex])erience of a short time previously, when I had engaged in combat 
 with one of the shrewdest men in the Government secret service, this was like 
 taking candy from a baby. 
 
 The badly- frightened woman hastily picked up the lamp and waddled in 
 the direction of the front part of the house, at the same time entreating me to 
 spare her husband. I had no thought of harming them, merely wishing to get 
 away with as little delay as possible, but the episode indicates the remarkable case 
 with which a well-armed person could invade any peaceful household and ransack 
 the premises without the slightest danger. 
 
 The woman led me to the front door, and pointing out in the darkness 
 said : "There, sir, is the stairway. You will find the door leading to the street 
 just three flights below." 
 
 Bidding her good night, and with many thanks for her kindness, I made 
 my way downstairs, and was soon on the street. 
 
 Not a soul was in sight, so I meandered leisurely along for a block or so. 
 when I saw a carriage coming in my direction. Luck seemed to have favored me 
 on all occasions in this transaction, and the appearance of the cab at such an 
 opportune moment was a fitting climax to my successful getaway from Burns. 
 
 Hailing the driver, I instructed him to take me to the Thorndyke Hotel, 
 some twenty-five or thirty blocks away, as quickly as possible. After discharging 
 the cabby, I waited in front of the hostelry as if about to enter, until the sound of 
 the rattling wheels had disappeared in the distance. 
 
 At this point, I felt perfectly safe, and had no further thought of being 
 captured, so deciding to return to my room, I took a circuitous route by streetcar 
 until I came to a drug store, which was about fifteen blocks from my room. 
 Here I alighted again and entering, "phoned to the landlady of my boarding house 
 and asked if anyone had inquired fOr me. Receiving an answer in the negative 
 I informed her that I probably would not be home for dinner that evening. To 
 this she remonstrated, stating that she had kept the meal in the warming oven 
 and that, if I could come within a reasonable time, it would still be ready for me. 
 Not caring to state definitely when I would return, I hung up the receiver and 
 walked out. I was now in a directly opposite direction, the Fenway postoffice 
 being in almost a straight line between the Thorndyke Hotel and my present loca- 
 tion, so I decided to walk to my room. Before starting, however, I concluded to 
 eat in a nearby restaurant, where I could have time to collect my thoughts and 
 determine on a plan for future action. 
 
 As I had asked Burns, before leaving the private ofifice, to accompany me 
 to the room where I might get my clothing preparatory to making the trip to 
 Oregon, and stated to him that it ■ but a short distance away, it was but natural 
 that he would institute an immediate search to locate my headquarters. As I had 
 gone down the alley, after my escape, in an opposite direction from my apart- 
 ments, and had disappeared in the neighborhood of a long row of flats, it was but 
 reasonable to suppose that he would attempt to find me in that locality, and as 
 my grip contained a number of valuable papers and other documents of import- 
 ance, I must, at whatever risk, secure it if possible. Judging from the information 
 received over the 'phone from my landlady, it was evident that Burns had not been 
 there, but knowing the man as I did. it was only a matter of time when he would 
 ferret out my lodgings and it was incumbent on me to beat him there. 
 
 Page 248 
 
Dinner ordered. I passed the time in reading the pajjer when I was not 
 otherwise occui)ied with my thoui^hts, and when it was served, I partook heartily, 
 not knowing- but this might be my last square meal for many hours to come. 
 
 Leaving the restaurant, I walked directly toward my lodging house and 
 when 1 came within two blocks of the place, fearing that some one might be on 
 the main thoroughfare, I decided to enter by the back way, so took down an alley. 
 
 Reaching the house, I walked up the back stairs and knocking at the 
 kitchen door, was admitted by the landlady herself, when I remarked in a jocular 
 way : 
 
 "Well. I'm here — have you kept my dinner waiting?" 
 
 "Yes," she replied, "but how came you in this way?" 
 
 "Oh," said I, "just thought I wouldn't put you to the trouble of setting the 
 table for me again. This, you know, is the first time I have ever been late, so will 
 dine in the kitchen." 
 
 As the lady turned to prepare the meal, her actions having denoted that 
 everything was all right, I told her not to mind, that I had already eaten, but 
 thanked her just the same. 
 
 I then asked her if she had heard anything unusual, to which she replied 
 that she had not. 
 
 "Very well, then, come to my room," said I, "I have something important 
 that I wish to say to you." 
 
 As 1 had boarded at her house for about three months and had frequently 
 talked with her, she impressed me as a person in whom I could confide with safety, 
 so I decided to tell her the whole story, as I knew to a certainty that Burns would 
 find my room sooner or later, and I thought, because of the friendly manner in 
 which she had always treated me, it would be best to make arrangements in regard 
 to my belongings prior to his coming. 
 
 Upon entering the room, I recited in detail all that had occurred, explaining 
 at the same time that my name was S. A. D. Puter, and not J. H. Brownell, as 
 she had supposed. I told her of my connection with timber land operations on 
 the Pacific Coast and that this present trouble, while not of a serious nature, was 
 the result of those operations. 
 
 After assuring the lady that I was in no wise involved in any criminal 
 transaction, she expressed a willingness to assist me in any way possible and asked 
 what she could do for me. 
 
 I requested her to telephone to a very intimate friend of mine and to 
 request him to come to her house, cautioning her, at the same time, not to men- 
 tion the nature of the business, as I did not wish her to speak of that over the 
 'phone. 
 
 When he came, a few minutes later, I explained the entire situation to him 
 also, and solicited his assistance in the matter of making good my escape from the 
 city. My friend seemed to think that I had been w'onderfully successful up to 
 that time and that the worst was over, but when I explained the character of the 
 man with whom I had to deal and advised him of Burns' reputation, which was 
 based on his past acts of fearless daring, where men of known ability only were 
 employed and in which he had always come out successful, my friend was not 
 quite so sanguine that I was yet out of the woods. 
 
 I also assured him of Burns' ability to summon every man in the service, 
 if need be, to assist him, in addition to which, he could command the support of 
 the entire police and detective force of Boston, and it was my opinion that at this 
 very moment every avenue of escape from the city was being closely guarded. 
 
 After discussing the situation thoroughly, my friend suggested that early 
 on the following morning I accompany him to his brother's farm, about forty-five 
 miles distant. This I decided to do, so immediately busied myself in packing my 
 clothing, which I placed in my trunk, while in my grip, I deposited all papers and 
 documents of value, together with some few articles of clothing that I might 
 want for immediate use. 
 
 Page 250 
 
It was then agreed between us that my trunk should remain there, my land- 
 lady to store it under the stairway, and when Burns called, as I knew he would, 
 she was to admit that a certain gentleman named Brownell had been stopping 
 there, but that he had paid his bill and left that morning. 
 
 Having made all arrangements, I then handed my landlady written author- 
 ity to call on a certain firm in the city where I had been doing business and collect 
 a balance due me, after which I retired for the night. 
 
 I was awakened at four o'clock on the following morning, and a few min- 
 utes later my friend came in his buggy and we were off. Arriving at the farm, I 
 was introduced as Mr. Fleetwood, of Chicago, and in explanation of our unex- 
 pected visit, my friend informed his brother that I was in Boston on important 
 business, and as I was an old friend of his and desired a little recreation, he 
 thought I would enjoy a few days outing in the country. He told him at the 
 same time to give me the best of everything to make me comfortable. 
 
 This farm life, which brought to mind the fond recollections of childhood 
 days, was entirely to my liking and I made myself at home without much ado. 
 At "milkin' time," I was always on hand, and while it is true that I took an active 
 part in the operation, it is no less a fact that the consumption was greater than the 
 production, so far as I was personally concerned. 
 
 We received the Boston papers daily, by rural delivery service, and I spent 
 some little time in perusing the acccounts of my escapade with brother Burns, as 
 did also my host and the men about the farm, all of whom expressed a desire to 
 meet the "nervy Westerner," as they put it, little thinking that "Brownell" him- 
 self was in their very midst. 
 
 On the morning of the third day, about nine o'clock, my friend, who had 
 returned to the city after introducing me to his brother, came back to see how I 
 was getting along, and incidentally to let me know how matters stood at the Hub. 
 When he arrived, I noted immediately that his face bore a troubled look, and it 
 was with much impatience that I awaited the opportunity for talking with him 
 privately. 
 
 Seeking a secluded spot, he informed me that, sure enough, Burns had 
 located my boarding house on the morning of the second day, and that he suc- 
 ceeded in getting my trunk, but that the landlady still had possession of my grip, 
 which I had intended bringing with me, but which I had overlooked in my haste 
 to leave the city. She also still held my check for $1022, which had been handed 
 her as the balance due me by the firm with whom I transacted business in Boston. 
 
 My friend went on to inform me that the landlady had wilted under Burns' 
 indomitable manner of persistent inquiry, and had given up the trunk, thinking 
 that by doing so, he would not press her for further information. The landlady, 
 so my friend said, expressed deep sorrow and regret because of what she had 
 done, but stated that it was beyond her power to withstand Mr. Burns' inquisition, 
 and as she thought I valued my grip more highly than the trunk, on account of 
 the papers which it contained, she deemed it best to throw Burns oft' the scent in 
 that way and relieve the agony. 
 
 Having listened to his story, I insisted on my friend returning to the city im- 
 mediately and to exert every effort to obtain possession of my grip and the check. 
 
 "If you think," said I, "that Burns will stop short of getting everything, 
 now that he has made this start, you are certainly mistaken in the man, and if my 
 grip and check are permitted to remain there longer, they too will fall into his 
 possession." 
 
 I explained to him that there was but one person, to my knowledge, who 
 had ever succeeded in outdoing the wily detective in his effort to secure an unwill- 
 ing confession, and that that person was none other than the well known Marie 
 Ware of Oregon. 
 
 I also cautioned my friend as to the necessity of being very careful on his 
 own account, as Burns would endeavor to connect my friends with my escape, and 
 wovild be sure to prosecute anyone whom he suspected had aided me. 
 
 Page 251 
 
As he made ready to take his departure. I informed him that I. too, would 
 probably return to Boston that eveniiii;^. and in event of my doinjr so, would eall 
 Iiini up over the 'jihone on the followiu"" da\'. 
 
 He had been i^^one but a short time when I fully decided to follow him to 
 the city, so biddinj^ my host good bye, and assuring him of my sincere appre:ia- 
 tion of the favors shown me, I departed in his buggy for the station, being driven 
 by one of the farm hands, and when we arrived there, 1 caught an electric car for 
 town. 
 
 Upon reaching the sulnirbs of iJoston, 1 remained there until nightfall, 
 amusing myself in an etl^'ort to I)argain for a grocery store that I had no notion of 
 buying, and for which the owner wanted fully double its real value. My etYorts 
 to purchase the meat market next door met with the same success, so I gave it up 
 as a bad job. and hunted up a restaurant where 1 had something to eat. As soon 
 as it was sufficiently dark, I boarded a car and headed for the city. 
 
 Arriving there, my first move was to engage a room, which I secured 
 within three blocks of the place where I formerly resided. This was about eight 
 o'clock in the evening, and as I had nothing else to do. I took a streetcar for 
 what is known as the "down town district." and some distance away from where 
 I knew that Burns would be likely to stop. Here I attended one of the vaude- 
 ville theaters, where I spent a couple of hours, after which I repaired to a restaur- 
 ant and enjoyed another good meal. I then returned to my room and retired for 
 the night. 
 
 Morning found me up bright and early, and as I could not hope to commu- 
 nicate with my friend at that hour, I took a car ride to the outskirts of the city, 
 some thirty-five or forty blocks away from the Fenway postofifice, or business por- 
 tion of the city, where after breakfast. I called my friend up over the 'phone, 
 informing him of my presence and asking him to meet me at a certain time in a 
 given place. I did not, however, mention my name, as we had previously agreed 
 between us that in making use of the telephone, I was to represent myself as a 
 physician and would introduce the conversation by inquiring about a patient. 
 
 When I met my friend, he had much news of importance to relate, but in 
 order to ease my mind as to the safety of my grip and check, he commenced by 
 telling me that my landlady still iicld them in her possession and he thought it 
 best that they remain there for the time being, as both had been secreted away in a 
 safe place, and, as the premises were being watched by detectives, any attempt to 
 remove the grip, or anything of that description, would surely result in disaster. 
 My friend assured me further that the landlady had fully recovered her compos- 
 ure and would not be likely to divulge any additional information to Burns, and 
 by way of encouragement added that Burns, too, seemed to have eased up on 
 her and was nothing like so severe as in the beginning. He had, however, made 
 several visits to the boarding house since taking the trunk away, but was more 
 modest in his manner and line of inquiry than at first. 
 
 After discussing the situation with my friend, we concluded that it would 
 be unwise for him to attempt to remove my grip, or even to hold frequent con- 
 versations with me, as he had been seen to enter and emerge from the boarding 
 house quite frecjuently, and it was more than likely that suspicion had already 
 been directed toward him. We decided, therefore, that the next best move would 
 be to employ an attorney and to advise with him as to the most feasible method 
 of securing my belongings. 
 
 Page 252 
 

 
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Chapter XVII 
 
 The King of the Oregon Livid Fraud Ring eneou)iters a Boston lawyer, who 
 furnishes him some valuable up-to-date ideas on the subject of "cultured" 
 looting — Holds Puter up to the tunc of $322 for collecting a $1022 check — 
 Describes his interesting experiences as a fugitive from justice and the 
 clever methods adopted to evade the Govern))ient sleuths. 
 
 BEING acquainted with a number of lawyers in the city, I had my friend con- 
 sult a member of one of the prominent firms, with whom he made an 
 
 appointment for me to see him at his residence that evening- at eight o'clock. 
 Upon making known my identity, the gentleman invited me in, and we 
 retired to his library, where I related the circumstances of my arrest and escape 
 from Detective Burns and of my desire to secure a certain grip, which I had left 
 at my former boarding house, together with a check for $1,022. 
 
 The attorney expressed the opinion that he could secure both grip and 
 check for me without difficulty, so I gave him a written order on the landlady for 
 them, and made an appointment with him to meet me on the following afternoon 
 at a certain point in the city to which he was to come by street car and arrive at 
 exactly two o'clock. 
 
 From my attorney's residence, I returned directly to my room, and retired 
 for the night, and on the following morning, having decided to change my head- 
 quarters, I settled my bill and vacated. 
 
 Taking a street car, I went to South Boston, where I had breakfast and 
 spent the forenoon about the steamer docks and lumber yards in that vicinity. 
 After luncheon I engaged a horse from a liveryman whose acquaintance I had 
 made earlier in the day, who furnished me with the best animal in the stable and 
 one that he was accustomed to driving personally. 
 
 On my way to the point where I was to meet my attorney, I was particu- 
 lar to observe the surrounding streets and to make a note of those I might select 
 in event of my being discovered and being forced to make a hasty retreat. I 
 always had in mind that my identity might become known at any moment and I 
 was cautious to be prepared for any emergency. I was commencing to feel, now 
 that the exciting incidents of the past few days had left me yet free to my own 
 sweet will, that I had taken some desperate and wholly uncalled for chances, and 
 that in future it would stand me in hand to use a little more discretion regarding 
 my conduct. 
 
 Upon arriving at my destination, I drove about for several minutes, as I 
 was somewhat ahead of time, and as each car in turn made its appearance, I 
 managed to be about two or three blocks away and at a point where I could 
 observe if my attorney alighted, and at the same time note if anyone else got ofif, 
 or was in a position to watch his movements or see what was taking place. When 
 my attorney came, I drove rapidly toward him, and taking him in the buggy, we 
 hurried away. 
 
 In response to my inquiry as to what success he had met with, he stated 
 that he had secured the check, but that, being informed by the landlady that her 
 house was being watched, he did not venture to remove the grip. He suggested 
 that I give him the keys to the latter, so that he might secure such articles as I 
 desired, which he said he would bring to me in his pocket. I demurred to this, as 
 I did not care to have anyone handle my private papers and suggested in reply, 
 that he call on my landlady again that evening, after dark, when he could wrap 
 the grip, which was not large, with a number of newspapers, giving it the 
 
 Page 254 
 
appearance of a bundle of some sort. He agreed to do this, so I indorsed the check 
 which he produced from his pocket, and as we had now driven to a point on the 
 main Hne of the Boston-Worcester street car, which was surrounded by some tim- 
 ber and thick underbrush, I suggested that he meet me here that same evening 
 at 9 :30, when I would receive my grip and the money and settle with him for his 
 trouble. 
 
 I selected this point for the reason that it was sparsely settled, and had 
 more or less timber and brush which would enable me to escape in event of his 
 being followed by detectives. There was a gulch on one side which would afford 
 me an excellent hiding place, and as this particular side was more thickly tim- 
 bered than the other, I had no fear of being captured, even if my rendezvous 
 became known. 
 
 As the car approached in the distance, my attorney alighted, and I drove 
 back to South Boston and when within three or four blocks of the livery stable, I 
 engaged a man on the street to return my rig to the barn, handing him half a 
 dollar, and offering as an excuse that I had a pressing engagement and must wait 
 at this point for a gentleman that I was expecting at any moment. 
 
 I took this precaution for the reason that, as stated before, I had decided 
 to take no further chances, and as I may have been observed by some one who 
 recognized me as the much wanted Mr. "Brownell" and who also identified the 
 rig as one belonging to a certain liveryman, I did not propose to walk into a trap. 
 
 After waiting long enough to note that the rig had been safely returned, 
 I departed immediately for Cambridge, which I reached in a roundabout way and 
 where I engaged a room for the night. After dinner, I walked in the direction of 
 the point where I was to meet my attorney, thinking to get a little exercise and 
 to pass the time away. Arriving there, I made a survey of the district and exam- 
 ined the timber and underbrush through which I might be called upon to make 
 good my escape, and as I had spent the greater portion of my life in the woods 
 and timber, was very much at home and experienced little difficulty in determining 
 upon several routes, through any one of which I could make my way, as necessity 
 might require. 
 
 As it lacked but a few minutes of the time when my attorney should arrive, 
 and a car was already in sight, I secreted myself where I could have a full view 
 of the street where he would alight, but as the car did not stop, I drew a little 
 closer to observe the faces of the passengers as it went by, and noticed that only 
 a few ladies occupied the seats. I must now wait for another car, which would 
 arrive fifteen minutes later. In the meantime, I trailed two men who appeared 
 on the scene for a distance of some five or six hundred yards, when I became sit- 
 isfied that their errand did not concern me. 
 
 My attorney arrived on the next car, and after walking to a secluded path- 
 way in the timber, he informed me that he presented the check, but the bank 
 refused payment on the ground that I was a fugitive from justice and that, before 
 they could turn over the money, he must receive from me a power of attorney, 
 duly signed and attested, when he might have the cash. As to the grip, he called 
 at the boarding house as agreed, but having noticed two men standing close by, 
 one of whom he recognized as the same he had observed on a previous visit, he 
 did not think it advisable to venture from the house, even with a newspaper 
 bundle in his arms. 
 
 As he did not have a power of attorney blank with him. we could do 
 nothing further that night, so I promised to 'phone the next day, when the matter 
 could be arranged. I did not return to the city with him, preferring that he go 
 his way alone and when his car was out of sight, I went to my room in Cambridge, 
 where! remained until noon the next day, venturing out only to eat breakfast and 
 purchase a daily paper. 
 
 After luncheon I went to the nearest telephone booth and called my attor- 
 ney up, and in reply to my inquiry if there were any new developments, he asked 
 me to hold the 'phone for about twenty minutes when he would inform me as to 
 
 Page 255 
 
how matters stood. To "hold the 'phone twenty minutes" seemed to me as a 
 rather unusual request. Indeed, from the time of our meeting on the niglit he fore. 
 I had my suspicions that all was not just rig^ht, so I decided to change base on the 
 'phone proposition, and taking a street car, I rode about two miles and 'phoned 
 him from another place, this time to learn that it would be necessary for me to 
 meet him again and execute a power of attorney. He asked me to designate a 
 place of meeting, in reply to which I told him to meet me at the same time and 
 place as previously. 
 
 Returning to my room. I remained there until dusk, and after dinner went 
 to a riding academy and engaged a saddle horse for the evening. I felt that I 
 must vary my custom on every occasion as near as possible, and as I wanted to 
 make doubly sure of my attorney's actions on this particular evening. I decided 
 to meet the car on which I expected him to come and return with it to the chosen 
 rendezvous. 
 
 About 8:45 p. m., I rode on the car track toward the city for a distance of 
 perhaps two miles, and returned with the car until I discovered my attorney was 
 not among the passengers. I did not, however, venture close enough to be recog- 
 nized. I then wheeled about and went back toward the city, and when the second 
 car hove in sight, I adopted the same tactics, locating my man shortly after meet- 
 ing with the car. When he got ofif, I made a short circuit, and after tying my 
 pony in the brush, emerged to meet the gentleman, but said nothing about the 
 animal. 
 
 My attorney produced the blank power of attorney, which he had pre- 
 viously filled in, and after he had read its contents to me and I had examined it, 
 I attached my signature thereto. He then informed me that he would have the 
 notary in his office acknowledge my signature, which he would also attest as a 
 subscribing witness. 
 
 There being no further business to transact on this occasion, he went back 
 to the city on the next car and I returned the horse to the riding academy, after 
 which I took the street car for Chelsea, another suburb of Boston, some eight 
 miles from the city and in another direction. Here I engaged a room and remained 
 for the night. 
 
 After breakfast on the following morning, I went into Boston by way of 
 Charleston and Cambridge, and as I expected to do considerable telephoning, I 
 engaged a horse and buggy for the day, but not, however, at the same livery 
 stable where I hired a rig on a previous occasion. 
 
 At 10:30 that morning, I talked with my attorney over the 'phone and as 
 before he requested me to hold the 'phone for some fifteen or twenty minutes. 
 I could not understand this "hold the 'phone" business, and as I was determined 
 not to get caught in a telephone booth, or even to remain at any particular place 
 to exceed two or three minutes, 1 unhitched my horse and drove off a few miles 
 before calling up again. 
 
 I might state here that Boston has the best public telephone service I have 
 ever seen. There is hardly a store of any importance in the city but what is 
 provided with a public telephone, and in every instance, they are inclosed in a 
 hooth, where one is enabled to secure privacy. Upon my calling him up again, my 
 attorney informed me that he was experiencing some difficulty in the matter of 
 getting the check cashed, as the bank officials expressed a desire to confer with the 
 firm having drawn the check, before they would pay it. 
 
 I instructed him to stay with it and do the very best possible to secure the 
 money, and further to get my grip at whatever cost. I left it to him as to what 
 method he would adopt, but said I must get that grip away from there and at 
 once. I agreed to call him up again at 2 o'clock. 
 
 Driving through the parks and to points of interest, I managed to pass the 
 time away until 12:30, when I put my horse up at a stable in the suburbs, and 
 while he was being fed and watered, I ate luncheon and prepared for another start. 
 
 Page 256 
 
Trading Station on Pelly River, a branch of the Yukon 
 in the British possessions 
 
 Promptly at 2 o'clock I called up my attorney again. This time one of his 
 clerks answered, stating that the gentleman was engaged, but to "hold the phone" 
 and he would be through in about fifteen minutes. Needless to say that I didn't 
 "hold." This holding business was getting monotonous, and without caring 
 whether or not he thought that I would do as requested, I hung up the receiver 
 and drove away. 
 
 Fifteen minutes having elapsed, and being close to two miles away from the 
 last station, I hitched my horse and called up again. This time I got my party, 
 and he started in by claiming that he had called on the landlady again, but that she 
 had remonstrated against any attempt to remove the grip, declaring that detect- 
 ives were watching the house day and night. My attorney was of the same opin- 
 ion and did not care to risk bringing it away personally, nor would he permit one 
 of his assistants to do so. As to the check, the bank people had not yet arrived at 
 a decision, he said, but would probably know within an hour what they would do. 
 My attorney then asked me where I was telephoning from, and I told him South 
 Boston, which was the truth. 
 
 He then said to "remain there" and to call up again later. After assuring 
 him that I would do so, I hung up the receiver and was off for another drive. 
 
 This time I did not pull up until I was a good six miles and in a direction 
 where I believed one would be least expected to go. I then called up again and 
 it was the same old story — the bank people asked for additional time, he said. 
 Cutting the conversation short, I hung up the receiver, as I, too, wanted additional 
 time that I might gather my wits together and decide on something more definite. 
 
 Page 257 
 
Thing^s did not look just ri^ht to mc. nor had they for some time i)ast. and 1 con- 
 chided that I could well afford to hold counsel with myself hefore proceeding" 
 much further. 
 
 The actions of my attorney for tiie past few days were not at all to my 
 liking-, and while I did not care to believe that he was "standing in" with my pur- 
 suers, or that he was doing anything that would not eventually work to my inter- 
 ests and serve the ends for which 1 sought, at the same time, he had dilly-dallied 
 along for such a length of time without accom])lishing anything that I could not 
 understand the proceedings. My check, which was ])ropcrly indorsed, should be 
 accejited by any batik in the city from one so prominent as he. more especially as 
 it was a local hrm drawing the check, who would verify its genuineness. There- 
 fore, with the additional indorsement of my attorney's signature, the bank had no 
 grounds for refusing to honor and cash it when presented. 
 
 After thinking matters over very carefully, I 'phoned to my attorney again 
 and informed him that I had concluded to let matters drop for awhile and not to 
 bother further and that I would call him up again within the next few days. 
 
 Driving back to the livery stable, or to within a few blocks of it. I waited 
 my opportunity and when a man of apparent respectability came along, I induced 
 him to return the rig. paying him, as I had done on the other occasion, and making 
 a similar excuse. I had been fortunate in securing fine animals to drive and 
 wished to insure their safe return, though I did not care to risk it personally. 
 
 Upon seeing the man drive my rig into the barn. I walked around a spell, 
 and later in the evening, went into J>oston proper, where I ordered supper in a 
 down town restaurant. One might think that this was a hazardous action on my 
 part, but not so much so as might appear on the surface. In the first place, it must 
 be borne in mind that while I was being looked for, it was not on the streets of 
 the down town districts of the very city in which I had made my sensational 
 escape. No one would dream of my venturing so close in, nor w'ould the city 
 police, who were bent on my capture, think it worth while to scrutinize a passing 
 stranger. In the outskirts of the city, where suburban ofificers have little else 
 to do, I was sure to be kept in mind, but as I was always on the alert. I cared not 
 for them. If detected in the heart of the city. I believed, at that. I had an even 
 chance, so long as I confined my visits to the evening hours. 
 
 In the restaurant where I ate there were probably a hundred people, and 
 although I kept a sharp lookout, I did not see* or meet with anyone that I knew. 
 The nearest I came to being detected, so far as I know, was this same evening 
 and immediately after supper, when I stepped into a drug store to make a small 
 purchase and was standing at the counter when an ofiicer with whom I was well 
 acquainted walked into the place and engaged a clerk in conversation. 
 
 I had been watching the door and was prepared for an emergency, but not 
 caring to court trouble, I placed myself in a position where I could watch his 
 actions through a small mirror, without giving him an opportunity to discern my 
 features. A moment later, when he left the store, I took my departure. 
 
 Shortly thereafter, I took a street car for Worcester, some sixty miles from 
 Boston, arriving there about eleven o'clock and engaging a room for the night. 
 Here I remained two days, spending the morning hours in reading the newspapers, 
 while my afternoons were occupied between the library and one of the billiard 
 halls. On the evening of the second day after my arrival, I took the last car for 
 Boston, arriving there about 1 o'clock a. m. I engaged a room in one of the down 
 town lodging houses, where I remained until 7 o'clock the next morning. 
 
 After breakfast, I went to Charleston on the street car and engaged another 
 rig for the day. Driving out to the suburbs, I 'phoned to my attorney and asked 
 him if he had anything new to report. He seemed much sur]:)rised to hear of me 
 again and inquired where I had been kee])ing myself, to which I replied that I had 
 not left the city. He informed me of having made some effort to convert my 
 paper into cash and that he desired to talk to me personally. Not being prepared to 
 name a place of meeting. I told him I would call u]) later and make an a])]:)ointment. 
 
 Page 258 
 
I then drove about in quest of a rendezvous and finally located one that I 
 believed would furnish me with ample security, so I 'phoned him about 4 o'clock 
 in the afternoon, and advised him where I might be found. It was agreed that he 
 would be there at exactly 10 o'clock that night, so I retained possession of the 
 buggy, as I thought to drive him away immediately upon his putting in an appear- 
 ance. The place selected for this meeting was at a point in the center of four 
 vacant blocks, with streets running each way ; the surrounding blocks being 
 sparsely settled. 
 
 Promptly at 10 o'clock, my attorney put in an appearance, but as I was then 
 several blocks away, I did not recognize him at first. As he walked up and down 
 the street, however, I discovered that it was my man, and drove up to where he 
 stopped. Taking him into the buggy, we took our departure for a still more 
 sparsely settled district. 
 
 My attorney was very nervous on this occasion and kept looking over his 
 shoulder as if expecting to be pounced on at any moment and cautioned me all 
 the while to be careful. I assured him that there was no danger and devoted some 
 little time in an efifort to brace him up. When he recovered his composure some- 
 what, he w^anted to know what I would do in event of being stopped by a police- 
 man. 
 
 "Policeman?" said I, derisively, "why, Fd eat him up!" 
 
 "But what if several of them should appear together and summon you to 
 halt?" he inquired. 
 
 "Eat them up, too," I answered. 
 
 T suspected at this very moment that I was being quizzed for a purpose, 
 and did not propose to have this man report, if that was really his object, that I 
 would be an easy mark, and that all they need to do was to come after me. I would 
 at least have the satisfaction of putting fear into the hearts of some few of my 
 pursuers, 'ere they had ventured to make chase, and would have them think, at 
 least, that more or less blood would be shed before I was made to bite the dust. 
 
 "Would you really shoot to kill?" he asked me. 
 
 "Never shoot any other way," I answered, growing enthusiastic on the sub- 
 ject ; "and what is more, I rather enjoy the sport. I go armed for that purpose 
 and carry a regular arsenal with me all the time. Do you know," said I, "that it 
 would take a small army to capture me at the present time ?" 
 
 "You Western fellows are built differently from any men I have ever met 
 before," ventured my attorney, nervously, and continuing he remarked: "You 
 are all so dead in earnest that an ordinary man would stand no show against one 
 of you." 
 
 I was half inclined to feel a bit swelled up as a result of this remark, as I 
 could see that my man of law was sincerely in earnest himself and believed that 
 what he was saying was true. 
 
 "How about my grip and the money?" I inquired. 
 
 "Haven't been able to do a thing," he said, "but came here tonight to warn 
 you that the town is full of secret service men, and as it is reported you are still 
 in the city, they are determined to land you, dead or alive." 
 
 "Do you know this to be true?" I asked. 
 
 "Yes, sir, I have it from a most reliable source and not only are they look- 
 ing for vou, but have been trailing me also. They know that I have visited your 
 former boarding house a number of times, and they have been watching me for 
 several days past from the time that I leave home in the morning until I return 
 in the evening. Even tonight, I had difficulty in eluding their vigilance, but man- 
 aged to shake off a fellow after he had followed for several blocks. 
 
 "Even the telephone service, I am told, has been turned over to Burns' 
 men, and I got this, too, from an authentic source. The bank, for some reason, 
 refuses to cash the check, for the present, but I still hope to get the money for 
 you. As for the grip, I cannot make up my mind to risk the attempt. It might 
 work, but what if I should be intercepted and it was taken away from me?" 
 
 Page 259 
 
"As to tlic nKJiiev." said 1. "I am in no hunv to ^'ct it. hut 1 must, in some 
 way. secure the grip." 
 
 "I believe," said he, "if you can g^ct along without it for awhile, it would 
 he much hetter to leave it where it is. as Burns has evidently made up his mind 
 that there is nothing more of your belongings in that house, for if tlie detectives 
 thought dilYerently they would surely make a further investigation. r>urns' men 
 are guarding the house, but evidently for the purpose of catching you. should 
 you attempt to return." 
 
 The talk that my attorney jnit up on this occasion convinced me that he was 
 not standing in with the detectives, but I could not satisfy myself that he had used 
 his best efforts in my behalf in the matter of securing the money. However, I 
 told him that I expected to leave the city on the evening following and would go 
 to Portland, Maine, for a month or so until matters would cool down. He 
 thought this a good plan and suggested that I correspond with him. which I prom- 
 ised to do. Returning him to the car line. I bade him goodby for the present and 
 drove away. 
 
 After driving some distance, I met a workman carrying a dinner pail and 
 some tools, and bargained with him to return the team to the livery, some four 
 miles distant, which he agreed to do for a dollar. He looked like an honest fel- 
 low and I thought it safe to take the chance, besides, I had determined, instead 
 of leaving on "the evening following" and going to "Portland, Maine," to go on 
 to Xew York City ; so taking the street car to Worcester, I caught the 1 o'clock 
 train that night and arrived in New York the next morning. 
 
 Engaging a room at the Cadillac, 43d and Broadway, I remained at this 
 hotel for three days and went about my business throughout the city as though 
 nothing unusual had happened. I did not disguise myself in any manner, as I 
 did not deem it necessary. 
 
 From the hotel, I moved to a private boarding house on West -M-th street, 
 where I remained for ten days longer, making my entire stay in Xew York City 
 just thirteen days altogether. 
 
 I put in the time as pleasantly as possible under the circumstances, though 
 I cannot say that I enjoyed my visit, as the loss of my grip was continually prey- 
 ing on my mind, and I felt ill at ease because of the uncertainty of being able to 
 recover it. 
 
 I did not abandon hope, however, and being determined on making another 
 try, I returned to Worcester, from whence I went into Boston, arriving there 
 after an absence of exactly two weeks. 
 
 About 9:30 a. m., I 'phoned to my friend (the gentleman who had taken 
 me to his brother's farm on the morning immediately after my escape from 
 Burns), and informed him of my return to the city, referring to myself as the 
 doctor, and taking the precaution, as I had on previous occasions in talking with 
 him over the "phone, to inquire how my patient was getting along. We arranged 
 for a meeting for 10:30, and at the appointed time, he came to see me. 
 
 As I had not talked with him immediately before my departure from Bos- 
 ton, I made him acquainted with what took place at that time ; how my attorney 
 had failed in his efforts to secure the grip and that the money also was being 
 withheld by the bank. I likewise informed him of my visit to New York City 
 and described how I had led my attorney to believe that I had gone to Portland. 
 Maine, and of having told him that I would leave at a certain time, but took 
 my departure just one day earlier than that stated. 
 
 Asking my friend as to the prospects of securing my grip at this time, 
 he said that he had not been to the boarding house since, having acted under my 
 suggestion that he keep away and give the detectives an opportunity to become 
 discouraged. He could not say as to whether the place was still being watched, 
 but had been given to understand that the officers were still looking for me. 
 
 Being of the opinion that it would be safe, at least, for my friend to call on 
 the landlady, and believing, further, that she would know if the detectives were 
 
 Page 260 
 
United States District Judge Charles E. Wolverton, of Oregon, who, on July 6, 1906 
 
 sentenced Puter to two years in the Multnomah County jail at Portland 
 
 and to pay a fine of $7,500, and likewise gave Horace G. 
 
 Mc Kin ley a similar sentence in 
 
 February, 1908 
 
still hovering' about. I requested my friend to go there for the purpose of studying 
 conditions, and if. in her judgment, it would be safe to take the grip away, to 
 'phone me from her ])lace and that 1. in turn, would 'phone to her. giving instruc- 
 tions to turn the grip over to him. She had apj^eared to act so cautiously and in 
 my interests in the past, during my first trouble with Burns, that I had every con- 
 lidence in her judgment at this time, and in order to di.^pel any question which 
 might arise in her mind as to my friend's authority in demanding the grip, I 
 thought it best to speak with her personally, as she would readily recognize mv 
 \()ice over the 'phone. 
 
 As it was agreed that m\- friend would call me up at exactly noon, at a 
 certain drug" store in the neighborhood, I was there on time and waited but a 
 few minutes when the bell rang and I was summoned to the 'phone. Upon calling 
 on the landlady, my friend learned that the grip had been taken away some time 
 before by my attorney and that the detectives, while frequently seen about the 
 ])lace. had not been stationed there regularly, as was the case some two weeks 
 bef(^re. At least, the landlady was quite sure that her house was not being 
 watched so closely. She expressed great fear, however, as to my safety and re- 
 quested my friend to caution me, under no consideration, to come to her place. 
 She thought my only hope was to leave the country. 
 
 My friend did not 'phone to me from the boarding house, as there was no 
 occasion for doing so, but instead, used another 'phone some few blocks away, 
 where he advised me as to the conditions. 
 
 I w^as delighted to learn that my grip had been secured, and supposed, of 
 course, because of his success along this Hne. that my money w-as also in waiting, 
 and that all I need to do wa^ to notify my attorney of my presence in the city 
 and make an appointment to receive my belongings. 
 
 After eating lunch and waiting vmtil such time as I thought he would be in 
 his ofifice, I called him up and received the time-honored reply that the one I 
 sought was busy, but to "hold the 'phone about fifteen or twenty minutes." when 
 he would be at leisure and talk with me. 
 
 I neither waited, nor did I "hold the 'phone," preferring to improve the 
 time by moving along and taking my chances elsewhere. 
 
 Calling up again, I simply advised my attorney that I wished to see him 
 on business and he agreed to come to the place of our last meeting at 10 o'clock 
 that night. 
 
 I experienced some little difficulty in securing a good, swift horse for 
 that evening, the first livery man called on refusing to give me what I asked for 
 without ni}' being identified, while at the second livery stable. I could not find 
 anything that I would accept for the occasion. The third place, however, was 
 well equipped with fast horses and light rigs, and the owner of the establishment. 
 less suspicious, so I got exactly what I wanted upon deposit of $3.50. the price 
 named for the hire. 
 
 I fully expected to leave the city of Boston that night with all that was 
 mine, except, of course, the trunk which Mr. Burns had confiscated, but I 
 cared nothing for that. It was the grip that I wanted most and as a side issue, 
 the money, of course, would confe in handy. 
 
 My attorney came at the appointed time and was taken into my buggy 
 and driven away as before at a rapid rate. He brought nothing with him and as 
 I had been advised in advance of existing conditions, I thought to let him tell his 
 story, without intimating any knowledge of what had taken place in my absence. 
 
 It was evident he expected me to broach the subject, as we had driven 
 some distance before he said anything about the matter at issue. Other things, of 
 little or no consequence, were spoken of. but no mention was made of the grip or 
 money. After a time, however, he ventured to inform me that he had secured the 
 grip and had placed it in one of the safe deposit vaults of the city for security, 
 but would have me believe that the detectives suspicioned his actions in removing 
 a "package" from the lodging house and were watching the vault. 
 
 Page 262 
 
This story sounded mighty fishy to me, but I refrained from expressing 
 myself. He had the grip, that much I knew, but why he should wish to retain 
 possession of it was more than I could comprehend. Of one thing I was certain, 
 there was something underlying" this man's motives for acting as he did, and I 
 would have given a good deal at that moment to have possessed the ability to 
 read his mind. In speaking of the check, he said that he had not called at the 
 bank for several days, but that, upon his last visit, the bank officials were still 
 undecided as to what to do. 
 
 Driving along until I came to a secluded spot and where I believed we 
 would meet with no interruption, I pulled up the horse and after bringing him to 
 a full stop, I turned in the buggy, and facing my attorney, gave him such a look 
 as I believed would lend emphasis to my remarks, and after hesitating for a mo- 
 ment, during which time I never changed my expression, I asked : 
 
 "How much, sir, do I owe you for your trouble ?" 
 
 Replying he said, "I dislike to name any price until I have accomplished 
 something more for you." 
 
 "I want to know," said I, "just where we stand." 
 
 'T think I can do something for you before many days," he answered. 
 
 "How soon," I asked. 
 
 "Don't like to say definitely," he replied. 
 
 "Got to have something definite, and tonight," I told him. 
 
 "Well," said he, "I don't like to jump in and make a botch of the job. li 
 I can have a little more time, I believe that everything will come out all right." 
 
 "How much will I owe you for your services when you get through with 
 this job?" I asked. 
 
 "My charges won't amount to much," he evasively replied, and added, 
 "you know I haven't really done very much." 
 
 "Now look here," said I, "I am willing to give you just one more chance 
 — just one and that will end the matter. H you can secure and deliver to me both 
 the grip and money and will do so by tomorrow night, the privilege is yours, but 
 after that time, I must look elsewhere for assistance." 
 
 I then informed him that I had a brother in Chicago, an attorney, and 
 that, if he failed to make good within the time specified. I would go on to 
 Chicago and place the matter in my brother's hands. 
 
 "My brother in Chicago" was all a myth, but it seemed to have the desired 
 effect, as the attorney assured me it would be useless to go to the expense of 
 having my brother come all the way from Chicago to Boston to look after my 
 affairs, as it would mean a matter of a few days at the very outside and possibly 
 not that long, "Not one day longer than tomorrow," I interrupted. 
 
 "Well," said he, "I will do what I can, and if you will call me up late in 
 the afternoon, I will give you the result of my efforts." 
 
 I agreed to this, and after returning him to the car line, I drove back to 
 the barn, turning the rig over to the liveryman in person. 
 
 Although disappointed and vexed over the way things had turned out, I 
 felt confident that the morrow would bring a change for the better, and that my 
 long-looked-for grip would be forthcoming with the next visit of my attorney. 
 I had given him my ultimatum and he seemed to appreciate the situation before 
 leaving me and was undoubtedly impressed with the fact that I would put up 
 with no further delays. 
 
 Returning to my lodgings, I engaged the room for another night, but my 
 sleep was uncertain, and long 'ere dawn I was up and preparing for action. 
 
 I could hope for no move until late in the afternoon, so passed the time 
 wearily, as I had grown impatient and could find neither rest nor amusement 
 until matters became more settled, and I could receive some word of encourage- 
 ment from my attorney. I was tempted at various times during the day to 
 call him up, but managed to hold oft' until after 3 o'clock, when I hired another 
 rig and looked about for a favorable meeting place. 
 
 Page 263 
 
After findincr one. I could hardly wait until I reached the drug store 
 from which I 'phoned him. and when I learned that he had secured the grip 
 and that it was even theti at his office, I forgot all about the money, not even 
 thinking to ask if he had cashed the check. 
 
 My attorney stated that it would be impossible for him to deliver the grip 
 in person, but that he would send it to me, at any time and place I might desig- 
 nate, by one of his assistants, provided, however, that it was to be delivered 
 after dark. 
 
 That was entirely agreeable to me. and as I had previously located a 
 meeting place, I lost no time in naming the hour, which was to be 9 o'clock. 
 I would know the young man. my attorney stated, as he was quite tall and would 
 be carrying my grip, which I would readily recognize. 
 
 The end was apparently in sight, and as I was feeling pretty good, I drove 
 to a livery stable and put up the rig, ordering the horse to be well fed and 
 groomed, and stating that I would call in about two hours. 
 
 After treating myself to something extra in the way of an unusually 
 elaborate supper, I returned to the stable and found my horse hitched up and 
 waiting. I had plenty of time on my hands, and while I was somewhat impa- 
 tient for the appointed hour to arrive when I could take over my effects, I was 
 reasonably happy and contented and did not mind the wait. 
 
 It might appear to my readers that my action in consenting to meet this 
 young man was rather injudicious on my part, but I did not so consider it. as 
 I figured that no one person could get the drop on me and especially at that 
 hour of the evening. Besides, I always took the precaution to locate my man 
 and the surrounding conditions before exposing myself to view% and it would 
 have been mere folly for even an officer, single handed, to attempt my arrest. 
 
 I was also quite sure, because of what had taken place, that no officer 
 would care to undertake the job unless he was backed up by men tried in the 
 service and of known staying qualities. Even at that, it would have required 
 considerable diplomacy on the part of the officers to surround and get the drop 
 on me. and I did not believe such a thing possible, as I was on the alert at all 
 times and on the lookout for just such an attempt being made. 
 
 Promptly at 9 o'clock, as I was driving tow^ard the car line, I saw the 
 young man alight from a street car and walk in an opposite direction. It was 
 not long until I had overtaken him, and with lines in one hand and my gun in 
 the other, I brought the horse up short and suggested that he join me in the 
 buggy and be quick about it. 
 
 Complying with my request, the young man jumped in. took a seat by my 
 side and we were soon well out in the rural districts. 
 
 Nothing had been said about his mission until I stopped to replace the 
 check line, which I noticed was dangling at the horse's head. When I alighted, 
 the young man did likewise, and opened the subject by informing me that the 
 lawyer had authorized him to collect $25 for delivering the grip, and which 
 amount, he explained, was for himself personally. 
 
 Upon first entering the buggy, the young man placed the grip in front 
 of him, where it had remained luitil this time. 
 
 Replacing the check line, I was about to enter the buggy, when the young 
 man, taking my watch chain and a number of other articles from his j^ocket, 
 delivered them to me, with the remark : 
 
 "He told me to hand the.se to you also," and pointing to my grip he added : 
 "He took them out of there, as he thought it w^ould be safer." 
 
 "What!" said I, "my grip opened!" I was so vexed and angered to 
 think that, after all this worry, I should actually find my grip unlocked and in 
 all probability ransacked, that I picked it up and threw the wdiole thing, grip, 
 contents and all, out into the street, and turning to the young fellow, I demanded 
 to know by what right or authority my grip had been opened. 
 
 "Don't know a thing about it," he replied. 
 
 Page 264 
 
"Who opened it?" I asked. 
 
 ''Your attorney, sir," he replied meekly. 
 
 "With what?" I demanded. 
 
 "With a key," he said. 
 
 "Where, might I ask, did he get the. key ?" 
 
 "Bought it, I suppose, or maybe had it made." 
 
 "Well, when you see my attorney again, would you do me the kindness 
 to say to him that he is a damned rascal, and further, convey the information 
 that T am responsible for having said so?" 
 
 I was about to jump into the buggy and drive off, leaving the grip where 
 it lay, when the young man placed his hand on my shoulder and in gentle 
 remonstrance remarked : 
 
 "Don't do this, sir ; it may not be as bad as you imagine." 
 
 He then picked up the grip and replacing it in the buggy, said : 
 
 "You know I had nothing to do with this affair. I have simply acted 
 under instructions and desire to fulfill my obligations to the letter." 
 
 He then produced a package from his pocket and handed it to me, stating 
 that it was my money. 
 
 I was so mad at the time that I didn't know whether to accept it or not. 
 The money was really of no object to me, as compared to the grip which I wanted 
 to secure, and which I fully expected would be returned to me intact. 
 
 It was more through curiosity than anything else that I accepted the 
 tendered package, as I could not resist the temptation to learn what amount had 
 been returned to me, and how much, in the opinion of my learned counsel, he 
 was entitled to as a fee for his trouble. 
 
 The very fact of his taking my case at all and in aiding and abetting a 
 fugitive from justice, would, in itself, warrant him in charging a large sum 
 for his services, as the law states specifically that an attorney is not warranted 
 in doing so, and prescribes a severe penalty in such cases. Seldom, indeed, can 
 a reputable attorney be found who will engage in such an undertaking, and 
 when they do. the fee charged is usually a sum worthy of the name. 
 
 I had expected in this case to pay my attorney at least $500. Had he 
 charged me $1,000, I should not have complained ; but when I opened the package 
 and discovered that it contained $700, and that he had reserved only $322 for 
 his trouble, I concluded immediately that I had been held up from the beginning. 
 
 The fact is, this disciple of the law, whom I have since ascertained was 
 a shyster of the first magnitude, knew full well from the start that my check 
 was good and that it would be cashed without question immediately upon presen- 
 tation. He knew, too, that it was wholly unnecessary for him to secure from 
 me a power of attorney in order to get the money, but he also knew, because of 
 my anxiety, that my grip contained articles of great importance, perhaps a 
 million dollars in gold, or something equally as valuable. 
 
 His motive, therefore, in holding the check up, was to allow time to pro- 
 cure the grip, and when he finally secured possession of it, he was up a stump 
 again, not knowing, in the absence of ai'key, just how to proceed. 
 
 When limited to time, he must act without further delay, so he discovered 
 a way of opening my grip, but neglected, iii his disappointment to find that it 
 contained papers of value only to myself, together with a few personal trinkets, 
 to lock it again, or, perchance, the key wouldn't work both ways, so he was 
 forced to send it in the condition received. 
 
 If that grip had contained anything of real value, my attorney, beyond 
 the question of a doubt, would have demanded a large sum of money before 
 parting with it. As it was, he evidently concluded that the paltry sum of $322 
 was sufficient for the services rendered, but rather than take any chances in 
 meeting with me, he held out his price, and enlisted the services of his clerk to 
 make the delivery. 
 
 Page 265 
 
After counting; the money. I asked the youn^- man if he thought his 
 associate in the (Hspensary of justice held out enough. He (hchi't know as to 
 that, and was evidently too Ixidly scared to venture a suggestion. 
 
 ■"Cjet into the buggy."' I said; "I want to talk with you a bit." 
 
 "It's rather late and I'd prefer to go home," remarked the young man. 
 
 His countenance bespoke the truth of his utterance, and thinking that 
 it would be probably unjust to harass him further, and as he was really not to 
 blame and not the one I wanted to talk to anyway, I allowed that he was right 
 and suggested that home would be the best place for him. 
 
 I did not hesitate to discuss matters further, but jum])ed into the buggy 
 an(.l drove in the direction of the livery stable. Reaching a jxiint within a few 
 blocks from the place, I turned the horse over to a boy to return for me. as 1 
 did not care to linger any longer than was absolutely necessary. Noting that 
 the rig was safely delivered, I boarded a street car for Worcester and barelv 
 caught the train for New York. 
 
 \- -r -♦ 
 
 Officers of the Diamond Match Company inspecting the property of the 
 
 corporation in Butte County, California, preliminary to 
 
 founding the Town of Stirling 
 
 Page 266 
 
Chapter XVIII 
 
 Pntrr returns to the Pacific Coast for the purpose of throidng himself upon the 
 leniency of Francis J. Hcncy, and is recaptured by Government Secret 
 Service Agents and local officers after a series of exciting adventures — 
 Gives a vivid account of his arrest and subsequent confinement in various 
 jails, in the course of zvhich he hands the Sheriff of Alameda Count\ 
 some left-handed compliments for his Russianized methods of conducting 
 a prison — Is much shocked to learn that he zvas betrayed by Allie McKinlex, 
 his former partner's cousin — Is transported to Portland, Oregon, zuhere 
 he receives a se7Jere sentence for his misdeeds — Takes up the burdens of 
 life as philosophically as possible in the Multnomah County Jail, and re- 
 ceives a New Year's gift from President Roosevelt in the form of a Pardon. 
 
 UPON arriving at the metropolis, I engaged a room with board in a private 
 family on 125th street for a week, during which I made no effort at dis- 
 guise. As a matter of fact, I visited many public places and points of 
 interest, including the United States Navy Yard at Brooklyn, the opening of the 
 season at Coney Island, besides the billiard tournament then in progress in New 
 York City, various theatres and other places of attraction. I likewise called daily 
 at the Astor House news stand for the Portland Morning Oregonian, so it will 
 be seen that I was indifferent to the question of recapture. 
 
 At the expiration of my week with the family on 125th street, I returnetl 
 to my old quarters on West 44th street, where I remained another week, at the 
 end of which time I resolved to return to the Pacific Coast. 
 
 For the past ten days I had been debating in my mind when to go back 
 and see Mr. Pleney. It was difficult to determine on the correct course to pursue, 
 as I had no knowledge as to how Mr. Heney would view the situation, or of 
 his probable action in event that I returned and gave myself up. I knew, as a 
 matter of fact, that I was already convicted in the 11-7 case and was out under 
 $4,000 bond, a motion having been filed for a new trial. I also knew that I had 
 been indicted jointly with F. Pierce Mays and others in the 24-1 case, in which 
 I had been placed under an additional sum of $4,000, making $8,000 in all, and 
 that there were still other indictments hanging over me. I had neither thought 
 nor desire to escape these indictments, as I believe, because of having joined 
 forces with the Government officials, and by reason of the valuable services 
 rendered Mr. Heney immediately after my conviction, that I would be shown 
 leniency, as I had been very active in the matter of securing evidence against 
 Senator Mitchell, F. Pierce Mays and others. 
 
 At the time of presenting the evidence in question, the public in general, 
 believing that I was actuated by revengful motives, clamored for my scalp and 
 the lie was given in toto to my every declaration. Even Mr. Heney, at first, 
 seemed dubious, but the time soon arrived when all doubt was dispelled, and not 
 only was Mr. Heney convinced, but the public likewise was forced to accept 
 as true every statement made by me relative to the guilt of the defendants. 
 
 I had known, from my association with Mr. Heney, that he was one who 
 admired the truth. Fie insisted on and would have it and nothing- short of the 
 whole truth would suffice. This I had given him, varying neither to one side or 
 the other, but keeping ever in the straight and narrow path, and as a reward for 
 the services rendered, I could not but believe that he would deal graciously with 
 me concerning the case in which I was convicted, as well as those under which 
 I had been indicted. 
 
 Page 267 
 
At no time did Mr. 1 Iciiev or those associated with him in my jjrosecution. 
 promise me immunity, nor had 1 discussed the subject with them, or they with me. 
 I had observed, however, that Mr. Heney treated me with every consideration and 
 kindness and that he was disposed to be friendly with me, particularly so after 
 he had made the discovery that I told liim the truth and had worked to the end 
 that additional testimony and evidence was adduced in substantiation of my 
 statements. 
 
 In reviewing- these incidents, I also called to mind having- appeared before 
 the U. S. Grand Jury, in the i)resence of Mr. Heney, at which time I related in 
 detail my connection \vith the cases under consideration and which, of itself, 
 places me beyond the means of offering a defense, should Mr. Heney feel dis- 
 posed to push the cases, and if convicted in each one, it would mean a term of 
 years in the penitentiary that would remove all hope of ever being able to meet 
 my obligations, as the interest alone on my accumulated debts would amount to no 
 small item in itself. My family, too, wdiich consisted of a wife and six children, was 
 dependent upon me for support and this fact alone weighed heavily on my mind. 
 
 My escape from Burns was the only stumbling block in the way. I knew 
 of course, that he would exert himself to the utmost to influence Mr. Heney 
 against me, for although we had been the best of friends during the land fraud 
 trials in Oregon, while I assisted the prosecution in the collection of evidence 
 against the accused, recent events would unquestionably have changed his feelings 
 toward me, as my escape in Boston was the first time Burns had met with defeat, 
 and to one of his reputation and pride, this incident, which was given widespread 
 publicity, was very humiliating. 
 
 I reasoned, how^ever, that it was with ]\Ir. Heney, not Burns, that I had to 
 deal, and that, if I could only convince him of the truth of my position in this 
 matter throughout. I w'ould have nothing to fear. 
 
 I resolved, therefore, to return to San Francisco and seek an interview with 
 Mr. Heney, at which time, it was my purpose to lay the whole matter before him 
 and to explain just why I had gone East and what I was doing there when Burns 
 appeared on the scene. I would also explain to him why I determined to escape, 
 the incidents attending my escape, and subsequent events, all of wdiich, I believed, 
 would convince Mr. Heney that I had no intention of leaving the country. 
 
 li, after explaining matters, I found that Mr. Heney took a liberal view^ of 
 the situation, and showed a disposition to receive me into the fold and to accord 
 me the same treatment afforded me before leaving Portland for the East, I would, 
 in that case inform Mr. Heney that I was at his command and request him to 
 state his pleasure, li, however, I found him ill disposed to receive me kindly, or 
 to give my story due consideration, I would, in such an event, tell him that I must 
 take my departure and return from whence I came. 
 
 As a matter of fact, my idea in wishing to hold private conference with 
 Mr. Heney was based on a desire to sound him as to his feelings tow^ards me. I 
 had fully made up my mind to be governed entirely by his conduct upon that 
 occasion. H his manner should indicate a lack of forgiveness, or that he was in- 
 clined to be arbitrary with me, it was my intention to make every pretense of 
 yielding to his terms, and then lose no time in getting out of the country. I had 
 planned to take the overland route on foot through Sonoma and Mendocino 
 counties to my old home in Humboldt county, where I was perfectly familiar with 
 every inch of the ground, and where I could remain secluded among friends in the 
 backwoods until the afi'air had blown over. After that I could make my way to 
 the seacoast and secure passage on some sailing vessel bound for a foreign port, 
 and thus be in a position to defy the Federal authorities. These are the matters 
 that had been revolving in my mind from the moment I had determined upon 
 my present course, and explains my motive in wishing to meet the Government 
 prosecutor at some neutral point wdiere he would not hold all the advantage. 
 
 As a word of additional explanation of my position, I will state that, 
 before leaving New York City for the Pacific Coast, I had thoroughly made up 
 
 Page 268 
 
my mind that I could make no headway in a Government penitentiary ; that my 
 debts, which I was desirous of paying-, must stand indefinitely and I questioned 
 that I could ever settle them at all, while my family must go without my care and 
 support. Outside prison walls, I would soon be enabled to square up everything', 
 and at the same time, give to my family the protection it demanded and furnish 
 the necessaries of life. This I wanted to do in America, but if forced to do so, I 
 believed that it could be done elsewhere. However, after debating the subject 
 with myself pro and con, I decided that my only hope was in Mr. Heney, and that 
 I must call on him without further delay. 
 
 Settling my bill at the boarding house, I purchased a ticket for San Fran- 
 cisco over the Santa Fe route, via St. Louis and Kansas City, leaving New York 
 City on May 11th, 1906, and arriving at Point Richmond, on San Francisco bay, 
 on the evening of the 15th. 
 
 As the train was late in arriving, and accommodations, on account of the 
 recent earthquake in San Francisco, were difficult to secure, the Pullman conduc- 
 tor informed his passengers that they might occupy their berths until the fol- 
 lowing morning. 
 
 Remaining in the car, as I did not care to venture home that night, lest 
 it was being watched, I arose early on the following morning and my first thought 
 was to learn if Mr. Heney was in the city, and if so, to reach him by 'phone. 
 It was not my intention to talk with him personally, but to reach him by process 
 of some friend, throug'h whom I might learn if he was in the city. I spent 
 something like half a day in this effort, but could do nothing, as the telephone 
 system was completely demoralized. 
 
 I then took the car for Alameda, going through Oakland, where I walked 
 through the streets crowded with refugees from San Francisco, arriving at 
 Alameda about 1 :30 p. m. and going direct to the Park Hotel, which was the only 
 hotel in the city. Here I engaged a room and registered under an assumed 
 name. 
 
 After eating luncheon in the hotel cafe, I went to the main office of the 
 telephone company and called up my home, the telephone being answered by one 
 of my little boys, who inquired what was wanted. As I recognized the voice as 
 that of the one who owned a lot of pigeons, I asked him, in a muffled tone, if he 
 had any squabs for sale. I did not care to risk his recognizing me at this time, 
 as little fellows, in their enthusiasm, will sometimes talk too much. 
 
 Being informed that he had a number of squabs and that they were for 
 sale, I made an appointment with him for that evening at 8 :30, requesting him 
 to meet me at a certain point in West Berkeley, which he said he would do and I 
 hung up the receiver. 
 
 Returning to my room, I passed the time in reading accounts of the re- 
 cent disaster in San Francisco and at the appointed time, I met my son. As I 
 had not seen the little fellow for something like six months, he passed me on 
 the street corner without recognition, but had gone but a few paces when I 
 stopped him with the inquiry as to why he should pass his father in that manner. 
 The lad paused for a second, and- when he realized that it was really me, bounded 
 into my arms. His joy was unbounded, and it was with difficulty that I could 
 restrain him from crying aloud in his demonstration of aft"ection and pleasure. 
 
 After quieting the lad. I told him that it was none other than myself who 
 had 'phoned about the pigeons, and now that he had kept his appointment, I had 
 still another and more important duty for him to perform. 
 
 The little fellow was willing, so I instructed him to inform his mother that 
 I had returned, both safe and sound, and that I was waiting to see her at the 
 same place where I had met the boy. I cautioned him not to speak of the incident 
 in the presence of his sisters or brothers, or any one else, but to take his mamma 
 upstairs and deliver the message where no one else would hear. 
 
 He was off at once, and, as there were but eight blocks to go in reaching 
 home, it was but a short time before he came back with his mother, both arriving 
 
 Page 269 
 
with Hushed faces and lalx)rinjj;- under much excitement. It was not intended 
 that the boy should return, hut in pleathuij^ his own cause at the time, he said : 
 "Papa. 1 coul(hi't stay away." In this case, there was no evidence to olTer in 
 rohuttal. 
 
 Needless to say that I was delighted to meet my wife once more, as she 
 was also to see me. My business had often kept me from home a great deal, but 
 this was the longest time I had ever been away from my family, and it made the 
 reunion a doubly happy one, more especially as it established the fact that every 
 member of the family was in good health and that the ai)palling disaster of a few 
 weeks before had not materially affected their surroundings. 
 
 After briefly relating my experiences. 1 informed my wife that I had re- 
 turned for the purpose of seeing and talking with Mr. Heney, although for the 
 present, I must keep in the background. I told her where I was stopping and 
 said that I would 'phone her every day, but that she must not call me up. It was 
 also understood that nothing should be said to the other children, or to those who 
 were stopping at the house, some ten persons in all. 
 
 I explained, of course, that it might be several days before I could locate 
 Mr. Heney and arrange for an interview. In the meantime, I must busy myself 
 in an effort to find someone worthy the task of adjusting matters for me with him. 
 
 I informed Mrs. Puter that it was my intention to try and locate I\Irs. 
 Marie Ware McKinley, Horace's wife, and also Mrs. Emma L. Watson, through 
 one of whom, I believed it possible to arrange for a meeting with Mr. Heney. 
 
 She stated that Mrs. McKinley and Albert ("Allie") McKinley, Horace's 
 cousin, had called at the house several times during the past few weeks, and that 
 the latter had told her that he had been in communication with the La Crosse 
 people with whom Horace had difficulty and they had expressed a desire for 
 Horace to return, as it was not their intention to prosecute him, but would give 
 him all the time necessary to square matters with them. Allie McKinley, 
 declared my wife, seemed to take a great interest in the personal welfare of my- 
 self and his cousin Horace. In speaking of the trouble, he suggested that, if it 
 were impossible for Mrs. Puter to reach me by letter or wire, it would be. well to 
 advertise through the columns of the papers in the larger cities of the East, re- 
 questing that I communicate with him, (Allie McKinley), for valuable informa- 
 tion. Should a reply be received, he would then advise that I return to San 
 Francisco and see him. My wife consented to the plan, so McKinley had the 
 advertisements inserted in the New York and Boston papers, as he thought 1 
 would be in either one of the two places. After assuring my wife that I would 
 call her up the very first opportunity, I bade her good night and returned to my 
 hotel. On the following morning, I decided to ring up Mrs. Watson first, for the 
 reason that I knew that she lived with her mother in San Francisco, and w'ithin 
 a few blocks of Mr. Heney's residence. Mrs. Watson had been convicted with 
 me in the 11-7 case and it was reasonable to believe that she had talked frequently 
 w^ith him and would probably know how he felt toward me. In an}- event, she 
 would be in touch with his whereabouts. 
 
 I experienced some difficulty in locating Mrs. Watson over the 'phone, 
 as she had moved from her former residence, immediately after the fire and was 
 now living in Oakland, across the bay. However, through her friends I learned 
 where she was living, and about 1 o'clock on Thursday afternoon, talked with 
 her over the 'phone, requesting that she come to Alameda and meet me in the 
 park at 3 o'clock. 
 
 Upon meeting Mrs. Watson, she expressed great surprise, and remarked 
 that she supposed that I, too, had gone to China, as she had read several accounts 
 in the San Francisco papers of my escape from Detective Burns and did not 
 think that I would stop short of some foreign country in my anxiety to escape 
 the eagle eye of "Foxy Quiller." 
 
 Assuring her that the United States was good enough for me, and that I 
 was still here and in the flesh, I proceeded by informing her that I returned to 
 
 Page 270 
 
William C. Bristol, a brilliant lawyer of strict integrity, whose appointment as 
 
 United States Attorney for Oregon was opposed 
 
 vigorously by Senator Fulton 
 
the Coast for the jiurpose of seeking- an interview with Mr. lieney and that 1 
 had sent for her, liopinj^ to enlist her aid to that end. I asked Airs. Watson 
 whether Mr. llency was in the city, and if so, if she knew where he was stopping:. 
 
 She repHed tliat he was in San Francisco, and while he had changed his 
 office after the fire, was still residing at his old home and that she had called on 
 him several times within the i)ast few weeks. 
 
 Asked if Mr. Heney had made any reference to either McKinley or my- 
 self. Mrs. Watson stated that he had spoken of us on several occasions, and had 
 expressed surprise that we should have gone away. 
 
 In discussing the matter with her in a general way. she maintained the 
 opinion that Mr. Heney did not have anything against either McKinley or myself 
 and insisted that he had spoken kindly of us both at different times and she 
 believed, if I gained an interview with Mr. Heney personally, as was my expressed 
 desire to do, and would explain to him the entire situation, he would feel agree- 
 able to the idea and would meet me more than half way on any fair proposition. 
 Mrs. Watson volunteered to arrange a meeting between Mr. Heney and myself 
 at her home, provided he could be induced to come there, and I approved of the 
 plan, as Mr. Heney could probably be induced to come there rather than to any 
 other place, on account of her connection with the Oregon trials, and on the 
 pretext that she had some information which she wished to impart to him. 
 
 .\fter discussing the subject in order to determine on a probable excuse 
 she might offer to Mr. Heney for not wishing to divulge the information when 
 she called at his office, I told Mrs. Watson to advise him that it was in the 
 nature of documentary evidence which she did not care to risk carrying on her 
 person, but which, if he would call at her mother's residence in Oakland, she 
 would gladly show to him personally, and by way of arousing his curiosity,, she 
 was to exact from him a promise that he would not divulge to a single per- ' 
 where he became possessed of the information, nor was he to mention it at ai 
 until the next session of the Federal Court in Oregon, at the resumption of tlie 
 land fraud trials. 
 
 Mrs. Watson hesitated to agree to this deceptive method ^. uringing Mr. 
 Heney to her home, but when I pointed out to her that she would be telling the 
 truth in a sense — that I would be there, if Mr. Heney would a,^.'^ to come, and 
 would present myself as the "documentary evidence" and whic. uocumentary 
 evidence, in all truth, she could not very well "risk carrying on her person," I 
 could not see where Mr. Heney would have any cause to complain, or to call into 
 question her reputation for truth and veracity. At any rate, I assured Mrs. 
 Wat.'^on that no harm could come of it, even though her contention might be con- 
 sidered far fetched. 
 
 I prevailed upon her finally to view the situation as I did, so she agreed 
 to call on Mr. Heney at his office on the day following — Friday, May 18th — and 
 if a conference was arranged, she could notify me immediately by visiting the 
 , Uce of our present meeting at 4 o'clock Friday afternoon, but if she should fail 
 tQ;see Mr. Heney, she was then to meet me on the following morning at 10 o'clock. 
 
 Returning to my hotel, I remained there during the evening, and the next 
 morning arose early and took breakfast in a small restaurant across the street 
 from the hotel, after which 1 read the morning paper and then sauntered down 
 the street to a point where I had noticed a number of men and women formed in 
 line. These I discovered to be San Francisco refugees awaiting their turn for their 
 morning rations, which were being distributed by members of the relief committee. 
 
 Having a curiosity to learn how matters were progressing, I fell into line, 
 and after moving forward with the crowd, managed, about 40 minutes later, to 
 reach the inside of the building and found myself in front of a long counter. 
 Behind this were several clerks busily engaged in filling orders on identification 
 cards handed in by those entitled to consideration. These cards bore the name 
 of the person, the number in the family, and such other information as might 
 enable the clerks to make the proper di^tribution of provisions. 
 
 Page 272 
 
When my time came, I was asked for my credentials but had none to pre- 
 sent. I was determined, however, to make some sort of stall, so I informed the 
 young man that I had the misfortune to lose my ticket on the way down, but that 
 he would surely remember me as the person who secured certain provisions from 
 him on the morning before. 
 
 The clerk felt sorry for me, he said, but could not, in the absence of my 
 duly signed credentials, afford me any relief. 
 
 "Would you have me return to my wife and six children without food?" 
 I asked, imploringly. 
 
 "Don't like to do it, but the rules are imperative and I cannot break them," 
 he replied. 
 
 "How about a loaf or two of bread, couldn't you let me have that much?" 
 I pleaded. 
 
 "Can't do a thing for you !" was the stern reply. 
 
 "Would you mind letting me stand here then and satisfy my hunger by 
 seeing others get what they want ?" I inquired. 
 
 "No sir, you must move on!" he commanded. 
 
 With this, an old lady who stated that she had two little girls at home, 
 but who evidently was of the kind that would share her last bun with a needy 
 stranger, confronted me with the remark: 
 
 "Here, mister, take one of my loaves home with you." 
 
 My curiosity had been fully satisfied and after thanking the dear old soul 
 for her benevolence, I placed two fifty cent pieces in her hand and requested that 
 she give one each to the children for me, upon her return home, explaining at the 
 same time that I had called only to see that things were being properly conducted 
 acceding to instructions. 
 
 'The old lady seemed satisfied with my explanation, the clerk looked wise 
 -id swelled up a bit to think that I had been outdone in my effort to ensnare him, 
 and I, too, feeling content as a result of my investigation, extricated myself from 
 the crowd and was soon lost to sight, not thinking it best to remain about the 
 place, as it wn^ i,3t unlikely that some official of the relief committee might be 
 hovering near and would inquire as to my identity. 
 
 Later I '-'^ok a walk in an easterly direction until I came to the county 
 road connecting' 'Alameda with San Jose and continued down the road to San 
 Leandro, where I ate luncheon and also 'phoned to my wife. I then returned to 
 the park in Alameda and waited for Mrs. Watson until almost 5 o'clock. I re- 
 turned to the hotel about an hour afterwards, as it was not likely she had kept her 
 appointment. In the evening I attended a stereopticon entertainment, showing views 
 of San Francisco during the progress of the fire immediately after the earthquake. 
 
 At 10 o'clock on the following morning, Mrs. Watson came to the park 
 and informed me that upon reaching the building in which Mr. Heney's office 
 was located, her heart had failed her completely. 
 
 "You will think me a coward," said Mrs. Watson, "I am probably all o' 
 that, but the truth is, I was overcome with an indescribable feeling of fear and 
 could not proceed an inch further. I thereupon decided to return and see if some 
 other plan could not be devised." 
 
 I felt keenly disappointed, but could not upbraid the woman, as her every 
 action indicated distress because of her inability to do as she had promised. 
 Besides I felt secure in my present position, and believed that it would cnly be a 
 matter of a few days when some other plan would present itself to my mind, ■.'dien 
 I would probably think of some other way to reach Mr. Heney and arrange t^ " 
 a meeting. 
 
 This seemed to encourage her, and she stated, before departing for her 
 home, that if I failed in my efforts to make other arrangements, to let her know 
 and she would try it again. 
 
 This interview took place on Saturday morning. May 19th, or just one day 
 before my capture. 
 
 Page 273 
 
After thanking- Mrs. Watson for her efforts in my behalf, I returned to 
 the hotel and wont to my room to think matters over. Mrs. Watson. I reasoned, 
 would probably fail again, should she attempt to interview Mr. Heney. so I 
 decided to call on Mrs. Marie Ware McKinley. as lUirns had given her credit for 
 having withstood his in(|uisition and I felt that she was capable of doing a great 
 deal in my behalf. 
 
 It was very probable, therefore, that Marie could arrange matters for me. 
 and as my wife had given me her address. I thought it worth while trying 
 anyway. She was thoroughly familiar with the land fraud cases, and would un- 
 derstand exactly just why I wanted to gain an interview with Mr. Heney. 
 Besides. I was of the opinion that he felt kindly toward her, and u])on receiving 
 the story, such as I had originally outlined, he would not hesitate to call at her 
 residence. 
 
 Not having anything to occupy my time during- the day, I borrowed a ]iair 
 of field glasses from the landlady at the hotel and walked to the hills back of 
 Oakland, from whence I viewed the devastated districts of San Francisco. I had 
 a great desire to visit the city in person and inspect the ruins, but would not 
 countenance the thought of imi^eriling my chances of freedom until after I could 
 talk with Mr. Heney, so was forced to content myself to view the results of that 
 awful disaster from afar. 
 
 After returning to the hotel that evening, I took supper and lingered about 
 until quite late, as I did not think it best to call on iMarie much before 11 o'clock. 
 I had endeavored during the evening to reach her by 'phone, but did not succeed. 
 As I would not risk making an a])i)ointment by messenger. I figured that, on ac- 
 count of it being Saturday night, she would not be likely to retire very early and 
 would, in all probability, be up until 11 o'clock, if not later. 
 
 About 10:30 p. m. I left the hotel and boarded a street car for 32nd street 
 and Shattuck avenue. Berkeley, where I alighted and walked to the address given 
 me by my wife, as the residence of ]\Iarie. Upon knocking at the door, 
 it was opened by Allie [McKinley. Horace's cousin, who inquired upon 
 seeing me: Isn't this ]\Ir. Puter?" to which I replied that he had guessed 
 correctly. 
 
 It was something like four years since I had seen Allie McKinley. and as 
 I was somew'hat changed in appearance, he did not readily recognize me, but in 
 taking a second look, discovered in me the much sought for Puter. 
 
 Inviting me inside, we entered the sitting room, whereupon I asked if 
 ]\Iarie was stopping there. To this incjuiry I received an affirmative answer, ac- 
 companied by the information that she had retired for the night. 
 
 Stepping to the stairway, Allie called to IMarie that Steve w^as here, and 
 she immediately dressed and came to where we were talking. Marie, of course, 
 was delighted to see me. though she said that she was not surprised, as she 
 rather looked for me to show up soon. Her actions on that occasion were those 
 of a boisterous child, overjoyed because of the return of a long absent friend or 
 parent, and she made no attempt to subdue her emotions. 
 
 I was somewhat amused at her childish antics and the interest she exhibi- 
 ted in my revelation of the happenings of the past few months. She was intent 
 on catching every \vord and was jubilant in her expressions of satisfaction in 
 learning of my success, while she would stop to pity me when I spoke of the 
 trials I had undergone and would frequently intcrru])t me with words of caution, 
 in childlike solicitude for my present safety. 
 
 It was quite natural, I suppose, that Marie should receive me in this man- 
 ner, as I had known her from girlhood and was familiar with all the circumstances 
 surrounding her love affair with my friend and partner. I had often found it 
 necessary to patch up many of their little quarrels of the genuine lover's kind 
 that had arisen between them. To Marie, therefore, I had been somewhat of a 
 guardian angel, or big brother, as it were, and it was only to be expected that she 
 would treat me accordingly. 
 
 Page 274 
 
An alleged settler's cabin on the summit of the Sierras, near the line between 
 
 Butte and Plumas Counties, California, showing character of timber 
 
 grabbed under the homestead laws. This claim, very 
 
 apropos, overlooks Humbug Valley 
 
 During- my visit, I related as briefly as possible my experience from the 
 time of last seeing Horace in Chicago when 1 attended their wedding; how I 
 spent the intervening time between that date and the time of my meeting with 
 Marie and her mother-in-law, Horace's mother, in Minneapolis ; what had taken 
 place after that date, including my escape from Burns in Boston, and why I had 
 determined, as a fitting climax to my exciting adventures, to return to the Pacific 
 Coast. 
 
 My readers will readily understand the object I had in view in relating at 
 this time, the incidents of the past six months to my old partner's wife, which 
 was, of course, to prepare her for what was to come — the object of my visit — to 
 solicit her aid in gaining an interview with Mr. Heney. 
 
 Nor could I question her sincerity as a true friend and one worthy of the 
 confidence I was now about to repose in her, as I was fully convinced she would 
 perform the duty in a most conscientious and faithful manner, with credit alike 
 to herself and those interested, and would, in my ophiion, succeed in bringing Mr. 
 Heney to her home, where I could meet him in person and learn my fate. 
 
 I could not, however, bring myself to the point where I felt entirely safe in 
 unfolding my plan at that time and in the presence of Allie McKinley, who re- 
 mained in the room, never leaving it for a single moment, from the time of 
 Marie's entrance. I had no right, it would appear, to question this man's stability 
 as a friend and the sincerity of his expressions of solicitude for my welfare, for 
 was it not he, to whom my old friend and partner referred, in speaking of how 
 I could best reach him by letter in his first communication to me from China, when 
 he wrote : "My cousin, Allie ]\IcKinley, whose address is 222 McAllister street, 
 San Francisco, is thoroughly reliable and trustworthy, and a person in whom you 
 
 Page 275 
 
may place every confidence without rcscrvati(tn. and 1 urge that y<tu communicate 
 with me through him, rather than to attem])t it through any other source." And 
 further, was it not this same AUie McKinley whom Horace had s])oken of (hiring 
 our travels among several of the Middle States, when it a])peared that we might 
 be forced to separate for a time and would ret|uire the aid of some trusted friend 
 through whom we might connnunicate? 
 
 Yes, Allie, my host of the hour, was this same person, and the same, indeed, 
 who, calling- at my home in company with Marie Ware McKinley, his cousin's 
 wife, had assured Mrs. Puter that he would be glad of the opportunity to lend 
 assistance to Horace, as he would also to his cousin's friend. So solicitous, in 
 fact, was this man for our welfare, that he made frequent visits to my home, for 
 the avowed purpose of contriving some means whereby he niight effect our return 
 and arrange an amicable settlement of difficulties. 
 
 Withal, the man's silent look and expression, which was frequently directed 
 to my quarter, was not such as to confirm the confidence which I should gladlv 
 have placed in him at that moment. Besides, it did not appear necessary that I 
 acquaint him with my plans, as I must look to Marie alone for a successful termi- 
 nation of what 1 had in mind, and as he could not take any active part in the 
 proceedings, I reasoned, as I had often done before, that one confidence was al- 
 ways better than two. 
 
 Allie, during the two hours that I spent at his house that night, had been 
 much of a silent listener, only venturing to ask such questions as, "How are you 
 fixed, Steve, in case you are being trailed now and the officers should come in on 
 you?" and "What would you do in event of being discovered?" 
 
 For answer, I reached for my gun, which was fastened to a belt around the 
 front of my body and concealed inside my trousers. 
 
 "I guess this would hold them for a while," I remarked, significantly. 
 
 After gazing steadfastly at the weapon a few^ seconds, and without making 
 any request, he made a move, such as would indicate his desire to inspect it more 
 closely, but perceiving his object, I quietly replaced it in my belt without comment. 
 
 As the hour was growing late, I informed Marie and Allie that I must be 
 returning to my hotel, and in leaving asked Marie if she would meet me at the 
 park in Alameda on Sunday afternoon at two o'clock, at which time I would ac- 
 quaint her with my plans for the future and also advise her in regard to a certain 
 matter which I wished her to attend to for me. Marie readily assented, where- 
 upon I bade them both good night, and departed for my room. 
 
 As I had settled my bill prior to leaving the hotel that evening and engage<l 
 a room in a private family some four or five blocks down the street from the 
 hotel and towards the bay. I hesitated to go to my room at such an unseasonable 
 hour ; but as I had removed my suit case from the hotel to my new quarters, and 
 as my room was on the ground floor and could be reached without disturbing any 
 one, I concluded to do so. 
 
 Arriving there, I retired immediately and endeavored to find repose in 
 sleep, that I might rest both body and mind, but to no avail. 
 
 Somehow, but for what reason I could not exactly understand. I had a 
 foreboding of impending danger. Even in the darkness of night and in the soli- 
 tude of my room, there appeared a vision as of one lurking in the shadow, upon 
 whose face was written the cowardly expression of a deceptive and crafty foe. 
 
 Try as I would to escape from this ill omen and to banish the thought, this 
 vision of a traitorous hand was my ever constant and persistent companion, and 
 through the long weary hours of the night, like Banquo's ghost, it would 
 not down. 
 
 Could I have an enemy such as that which held me spellbound and in con- 
 stant fear? Could he be even now upon me, and would I. in a moment of helpless 
 surroundings, be dragged forth to meet my doom? These were among the 
 thoughts on this eventful night, which proved to be my last of freedom for manv 
 moons to come. 
 
 Page 276 
 
It was then that I reviewed to my mind the constancy of my friends, those 
 who had been faithful to me through thick and thin, at the risk of becoming im- 
 pHcated in my troubles. 
 
 It was then, too, that my thoughts reverted to my wife, and it was then, 
 indeed, that I looked to her as the one faithful to the end. She it was whom I 
 could trust, and she it was, in this hour of baffling thought, in my moments of 
 hope and fear, in whom I decided to confide and to make my messenger for the 
 arjangement of this all important meeting with him in whom I based my hope. I 
 must see Mr. Heney at once, and my wife, on the morrow, will be intrusted with 
 the mission of bringing him to our home. 
 
 The night being far spent, and without sleep, I arose at six o'clock and had 
 breakfast over with about an hour and a half later. I then read the morning 
 paper until 8 :30, when I went to the main telephone office in Alameda and 'phoned 
 to my wife, requesting her to call up Mr. Heney at once, and after stating that 
 she had some important news for him, to ask if he would call at the house, or if 
 she might come to his home, and to ask, in either event, what time would be most 
 convenient for him. I also told my wife that I would call her up again later in 
 the day. In the meantime, she was to call up Mr. Heney, but was not to mention 
 my name, nor refer to my present whereabouts. 
 
 I then returned to my room, and taking from my grip my new model, 
 knockdown, 30-30 Winchester rifle which I had purchased recently in New York 
 City with the intention of placing it in my cabinet of firearms — as I am somewhat 
 of a fancier along that line — I proceeded to put it together and shortly thereafter, 
 walked to the beach, some two blocks distant. Here I entertained myself in target 
 practice in the hopes of correcting any deficiency that might appear in the sights 
 of my new piece, as I had not yet had an opportunity to test it. 
 
 I remained on the beach about two hours, during which time I traversed a 
 distance of something like a mile. Finding my gun in good shape, and after 
 killing a few small birds, I returned to the city by one of the main streets, and as 
 I reached the corner of Park street and the one on which the broad-gauge railway 
 runs, I met a lady and gentleman. Addressing the latter, I asked him, re- 
 ferring to the railroad, if it was the track that led to the Oakland mole, or if it 
 went to the narrow gauge depot, connecting with San Francisco. 
 
 The gentleman not appearing to know, his companion volunteered the in- 
 formation, and as ladies frequently do, she consumed sufficient time to give me 
 a complete history of the road. The conversation, I presume, lasted fully three 
 minutes, and I might state here, that this lady, to whom the newspapers referred 
 as the ''blonde" with whom I held a conversation, was a total stranger to me, and 
 to this day, I have never learned her name. 
 
 As there was another railroad track some two blocks distant, my object in 
 making this inquiry was to learn which of the two was the most direct route to 
 my home, as I expected, in event of Mr. Heney agreeing to come to my house, to 
 be called upon to go there at any moment. 
 
 After securing the desired information from the woman, I continued, with 
 rifle in hand, down the main street of the city, past the Park Hotel and to the tele- 
 phone office again, where I called my wife up and inquired as to the result of her 
 efforts to reach Mr. Heney. 
 
 She informed me of having put in a call at nine o'clock, or shortly after 
 talking with me that morning, but had received no reply. She would, she said, 
 put in another call immediately and would continue to do so until an answer was 
 received. 
 
 As it was now almost twelve o'clock, I went to the restaurant and had 
 luncheon. I then returned to my room, and after taking my gun apart, cleaning 
 and replacing it in the case, I locked it away in my suit case and prepared to meet 
 Marie, as per appointment of the night before. 
 
 After donning my overcoat, which was a long one and quite heavy, I 
 looked at my watch and discovered that I had yet fifteen minutes to spare, so 
 
 Page 277 
 
instead of walkinj^ direct to the park, which was oidy a block away from my room, 
 I decided to take a circuitous route to a point where the car would stop, on which 
 I expected Marie would arrive, it beinjj^ my intention to walk hack to the park 
 with her. 
 
 The route in question took me along a street immediately west of the main 
 street, and i)ast the police station. This, however, I knew nothing about at the 
 time, so went by the City Hall, on the o])posite side of the street, as unconcernedly 
 as though I were on one of the back streets of the city and wholly oblivious of 
 impending danger. 
 
 I had just looked at my watch, which indicated that the time set for ap- 
 pointment with Marie was drawing near. As I expected she w(juld be prom])t to 
 the moment, as was her custom, I was debating with myself as to what I should 
 say to her. If I found it possible to arrange a meeting with Mr. lleney through 
 the efforts of my wife. I preferred to do so, but should this fail, 1 should be glad 
 enough to enlist Marie's services to that end. She would want to know, of course, 
 all about my plans for the future as soon as we met, so I concluded, instead of 
 hailing her upon alighting from the car, to take a position where I would not be 
 observed and to permit her to walk to the park alone, following close behind, and 
 after meeting, to excuse myself for a few moments, when I could go to the 
 telephone office again and inquire of my wife if she had succeeded in making an 
 appointment with J\Ir. Heney. 
 
 If 1 learned that this had been accomplished, it was my intention to reserve 
 myself in the matter of unfolding my plans to Marie. If, on the other hand, my 
 wife had failed to reach Mr. Heney, I thought it would be well enough to tell 
 Marie everything and enlist her services. Even at that. I figured that Marie 
 could be pulled off at any time, should I learn, in the meantime, that Mrs. Puter 
 had gotten into communication with Mr. Heney and satisfactory arrangements 
 'lad been made for a meeting. 
 
 Thus absorbed in thought. I walked along until I had reached the corner 
 of the street just one block north of the City Hall. I had observed a man crossing 
 the street and knew that we would meet, but paid no thought to the matter, as he 
 was apparently unconcerned as to my presence. As I was about to turn the corner, 
 the man grappled me by the arm and exclaimed : 
 
 "We want you !" 
 
 At the same moment, as I attempted to wrench myself from his grasp, two 
 other men, who had evidently been concealed in the immediate vicinity, seized me 
 from behind. 
 
 I was determined from the first to put up a fight for freedom and to keep 
 it up until all possible hope had vanished. Having noted that not one of the three 
 men who had seized me was physically my equal, my first thought was to free one 
 hand and use it with such efifect as would enable me to become totally freed from 
 their grasp, as it would require but a second to unbutton my overcoat and reach 
 my gun. I soon discovered, however, that the combined strength of the three men, 
 as pitted against that of my own, was more than I could successfully cope with, 
 and more especially because of my being encumbered by a heavy overcoat, which 
 was buttoned and reached almost to my shoe tops. Even against these long odds, 
 I continued to give battle as best I could, and it was waxing warm and fierce when 
 Chief of Police John Conrad appeared on the scene and took a hand. 
 
 I continued to struggle as they headed me toward the station and one of 
 my cajitors — who had first laid hands on me at the corner — evidently thinking that 
 I might yet escape, suggested to the Chief that he use his club and lay me out. ex- 
 citedly exclaiming : 
 
 "Hit him over the head, Chief — let him have it — knock him out!" 
 
 I kit the Chief did not strike me, for while it is true that he raised his club 
 in a threatening manner, it is also a fact that whatever his thoughts may have 
 been, he refrained from making use of the uplifted club, as the weak-kneed sleuth 
 had advised. 
 
 Page 278 
 
The remarks of this man had angered me, of course, though I did not be- 
 heve that the Chief would follow the suggestions made to him, as his general ap- 
 pearance and demeanor did not savor of the coward, or one who, under such cir- 
 cumstances, would be guilty of such an act. When he raised his club, however, I 
 thought it high time to express myself, which I did in language that would not be 
 considered exactly genteel and which, for obvious reasons, I shall not repeat at 
 this time. I might say, though, that I counseled with the Chief to think twice 
 before taking such action and I might also state, that I reached the station without 
 experiencing the delightful sensation of having my head knocked off. 
 
 About midway between the point of capture and the station, or half a block 
 from the City Hall, a policeman came running up, and the same individual who 
 had suggested that violence be used against me, addressed him with the remark : 
 
 "Damn you, why didn't you get here on time?" To this the patrolman 
 made no response, but turned about and quietly returned with my captors to the 
 station. 
 
 Upon entering, I was ushered into the Chief's private office, and there 
 searched and relieved of my valuables, including my revolver, and perceiving that 
 they were about to remove me to a cell, I addressed the Chief and requested that 
 he permit me to use the telephone, which he said I might do. 
 
 Calling up my home, I inquired of my wife if she had succeeded in reach- 
 ing Mr. Heney, to which she replied in the negative, but stated that she had been 
 trying all day to find him and would put in another call. 
 
 "That will not be necessary now," I remarked. 
 
 "What do you mean ?" came back the inquiry, in a voice that denoted ex- 
 citement and fear. 
 
 'T am at the police station," I answered, and was about to say something 
 that would reassure my wife and let her know that I was all right and not to 
 worry, when I heard the receiver at the other end of the line strike against the 
 wall and at the same instant came a sound as of some one falling to the floor. I 
 thereupon hung up the receiver and after informing the Chief that I was through, 
 and thanking him for the courtesy extended, was led away. 
 
 Aly captors, either through spite, or to show their authority, or from fear 
 that I might possess the power to claw through an ordinary wall, placed me in 
 the dungeon. It was a steel cage, devoid of any aperture whatever, except for a 
 small square opening in the door and which, after they had locked me in, they 
 took occasion to close, thereby excluding the last ray of light that might have cast 
 a reflection of hope upon the surroundings of my gloomy cell. 
 
 I shall make no attempt at this time to describe my thoughts, as I found 
 myself alone in the confines of total darkness and solitude, preferring that my 
 readers exercise their imaginative powers to define my feelings. Mine, up to 
 this time, had been a life of freedom, barring the few moments passed in the cus- 
 tody of Secret Service Agent Burns when he thought to hold and return me to the 
 Pacific Coast, and the time spent with a deputy United States Marshal in Portland, 
 when I was seeking bond for my appearance in Court. As compared to my present 
 predicament, they were not to be considered as worthy of note. 
 
 I was a real prisoner now, and whatever else can be said, I knew it and felt 
 my position keenly. Had I secured but another day, Mr. Heney, in all probability, 
 would have been reached. Two days, and I was sure of it, but alas, I had been 
 captured, imprisoned and in a dungeon cell, and my last hope to arrange a meeting 
 and arrive at a settlement of my trouble had vanished. 
 
 I thought to send for Mr. Heney and to advise him of all that had been in 
 my mind, but would he not laugh at, if not, indeed, mock me? Could he ever, I 
 wondered, be brought to believe me and know the truth ? 
 
 Thus meditating and groping about in the darkness of my dungeon cell, 
 I was aroused by the opening of the wicket in the door, throueh which came a 
 stern voice in commanding tones, ordering that I "come forward here that I may 
 take a look at you !" 
 
 Page 279 
 
Character of timber in Township 4 S. Range 5 E. Clackamas County, Oregon, on 2560-acre tract 
 
 sold by Puter in 1896 to Geo. C. Jones, of Appleton, Wisconsin, and R. E. Moss 
 
 of Chicago, for $3.25 an acre. Estimated to cut more than 100,000 
 
 feet per acre, and now valued at $150 an acre 
 
I glanced at the man, but did not recognize in him one of those with whom 
 I had recently come in contact, and in reply to his command, I said something 
 which, as in the case of my reply to the suggestion of the weak-kneed sleuth, it 
 would be best that I reifrain from putting into print. 
 
 I did not "come forward" so the man on the outside threw up the wicket 
 again and went away. 
 
 Some twenty minutes later, the door to my dungeon was thrown open by 
 the Chief of police, who invited me to step outside, remarking that I might have 
 the freedom of the main room, which was about twenty feet square and the same 
 in which the portable dungeon was placed. The latter occupied one corner, and 
 less than one-sixth of the room space. Leading from this was another room, in 
 which was a double bedstead, with mattress, blankets and pillows, which the Chief 
 informed me I might make use of, at the same time advising me that I could have 
 the privilege of sending out for anything that I desired. 
 
 I had been in the jail something like two hours when Mrs. Puter called. 
 The meeting, as may be imagined, was not so pleasant as that of a few nights be- 
 fore, when I visited with my wife and little boy on the street corner. Our inter- 
 view lasted about an hour and I really felt relieved when my wife started for 
 home, as my surroundings were not conducive to restoring confidence, and the 
 longer she remained, the worse she would feel. She blamed herself for not reach- 
 ing Mr. Heney by 'phone before this condition could exist, often remarking that 
 she might have been more persistent in her efforts to find him. 
 
 After my wife's departure, I made careful inspection of my surroundings 
 and found that my new quarters contained many conveniences which I did not look 
 for, or hope to find, in a city prison. But there was yet another surprise in store 
 for me, for at the supper hour, the Chief called on me again and asked what I 
 should like to eat. I had rather expected to have a pan of boiled beans thrown at 
 me, but instead, was allowed to place an order for a "porterhouse," which was 
 substantially served about 40 minutes later, together with French fried potatoes 
 and a cup of good coffee. 
 
 As I had nothing to occupy my attention, I retired early and not having 
 slept any the night before and because of the fatigue and worry of the day, I was 
 soon lost in peaceful repose and wholly oblivious for the time of my troubles, 
 both past and present. Upon waking in the morning, I had difficulty in locating 
 myself and for a moment, I did not realize the true situation. But it soon dawned 
 upon me in all its hideousness. 
 
 Shortly after arising the restaurant man called and took my order, and when 
 breakfast was served and over with, I was handed a morning paper containing a 
 full account of the capture. The article, as might be expected, was quite sensa- 
 tional and went on to state that I had been trailed by detectives from the time of 
 leaving my room on Sunday morning, describing how I had met and talked with 
 a certain "blonde lady" during the forenoon on the railway track, after which I 
 returned to my room and shortly thereafter, appeared again on the streets, where 
 the detectives, fearing lest I was preparing to leave the place, pounced upon me 
 and effected my safe delivery to the police station. 
 
 I concluded, after reading the account of my capture, that the detectives 
 had very probably interviewed the blonde lady referred to, and inquiring as to the 
 nature of her conversation with me, and learning that I asked as to which of the 
 two roads led to the Oakland mole, they concluded I was seeking this information 
 in order to gain knowledge of a probable means of escape. My having donned my 
 long overcoat, too, and because of the direction in which I was walking, would 
 tend to establish this theory. 
 
 But how, I asked myself, could they have located me in the first place? The 
 paper stated that they had trailed me from early morning and for aught I knew . 
 they may have been trailing me on the day before, or from the time of my arrivrii 
 on the Coast, or from the East, for that matter. This was a question which I 
 longed to have answered and one that perplexed me sorely. 
 
 ra^e 2C1 
 
I had several callers during the day, includins^ my wife and s^nie of the older 
 children. Mrs. Watson also called to see me and felt very much chaj^rined over 
 the outcome, blaming^ herself for my present ])re(licament for having lost courage 
 when she went to call on Mr. Ileney at his office. 
 
 "If I had only carried out my original intentions when I left home for Mr. 
 liency's office, you would not be here today. " lamented Mrs. Watson. 
 
 She wondered, as did every one else, how I should come to be captured in 
 that manner, after evading the detectives for such a length of time. 
 
 At that moment, I was not prepared to say, or to make any statement as 
 to how my ca])ture was brought about, but I did learn and tliat, too. very shortly 
 thereafter, just how it all ha])pencd. the information coming to me from an au- 
 thentic source and one which dispelled all doubt as to its reliability and truth, or 
 correctness in detail. 
 
 From the moment of tirst reading the account of my capture and learning 
 that the detectives had been trailing me since early Sunday morning, I was de- 
 termined, if within the power of man, to learn by what means and through what 
 source, these detectives became advised as to my presence in the city. I had 
 therefore, though confined in the Alameda jail, instituted a vigorous line of in- 
 quiry to determine this point, and while it was being conducted, the very infor- 
 mation T most desired was volunteered to me by one whom I least expected 
 would give me the facts. 
 
 Needless to say that it would be impossible for me to divulge the name of 
 my informant, as I gave my word of honor at the time that I should never make 
 use of it for any purpose whatever, and it was understood between us that he 
 should be protected throughout. 
 
 The conversation which I am about to relate to my readers had its inception 
 in a question being directed to me, asking my opinion as to how I came to be cap- 
 tured. Replying thereto I said : 
 
 'T ha.ven't the slightest idea." 
 
 "Did you have any idea that the 'blonde lady' had anything to do with the 
 case ?' " was asked. 
 
 "I cannot, for the world, figure how she could have had. as I cannot rec- 
 ollect having ever seen the lady before," I replied. 
 
 "Well, you are right; she did not tigure in your capture. However. Mr. 
 Puter. there was a woman in the case." 
 
 "Can't see how that could be — you must be mistaken," I said. 
 
 "Xo, Mr. Puter, I am not mistaken. The woman I have in mind played an 
 important part, though I cannot say that she was alone in the transaction." 
 
 "Who might this lady be, to whom you make reference?" I asked. 
 
 "Isn't it a fact, Mr. Puter, that you had an appointment to meet Mrs. Marie 
 McKinley in the park on Sunday afternoon at two o'clock?" he inquired. 
 
 "Where did you get that information?" I asked, by way of reply. 
 
 My informant, evidently hesitating to discuss the subject further, turned on 
 his heel and was about to walk away when I intercepted him by adding: "You 
 will tell me. won't you, where you got this information ?" 
 
 Something in the man's manner told me that he had information which he 
 would be glad enough to impart to me, but hesitated to venture so far, so I said 
 to him, as he stood there and silently gazed at me : 
 
 "You are not afraid to trust me, are you?" 
 
 He hesitated no longer, but resuming his former p(~)sition in front of me, 
 remarked: "Puter, I have taken a liking to you — this much I will tell you in ad- 
 vance — and I would like to tell you everything, but you know }(nirself that this is 
 rather ticklish business, li I knew," he continued, "that I could trust you implic- 
 itly, I would be willing, because of certain conditions, to tell you all about this 
 affair, but if I do and you should become angered, as you very probably would, 
 you might say something that would give the whole snap away and hell itself 
 would be to pay." 
 
 Page 282 
 
"As to that," I replied, "you need have no fear, for under no circumstances 
 would I ever betray the confidence." 
 
 "You will promise me then, on your word of honor, that the information 
 I am about to give you shall never be mentioned in connection therewith, whatever 
 the circumstances or consideration?" interrogated my new friend. 
 
 "You have stated the conditions," I replied promptly, and continuing, I 
 assured the gentleman that I would protect his name in connection with the sub- 
 ject, as I would my life. 
 
 He then proceeded to inform me that Mrs. Marie McKinley had kept the 
 appointment and had remained in the park fully an hour, if not longer before 
 returning home. 
 
 My informant expressed himself as of the opinion that Marie was impli- 
 cated in the plot to effect my capture, but could not understand, if such was the 
 case, why she should have remained in the park so long a time after the appointed 
 hour of our meeting. He was quite positive, however, that she was cognizant of 
 the fact that information was sent to headquarters with reference to her appoint- 
 ment with me and of what might result as a sequence of our meeting. 
 
 "Do you mean to infer that Marie sent word to headquarters? I can hardly 
 believe this," I replied. 
 
 "As to who inspired the message, I cannot say, but I do know, beyond all 
 doubt, that there was a message received over the 'phone at police headquarters 
 at four o'clock on Sunday morning, informing the department that Mrs. McKinley 
 was to meet you in the park at two o'clock that afternoon." 
 
 "Am I to understand that Marie 'phoned this information?" I asked. 
 
 "Not exactly, but it came from one who occupies the same house in which 
 Mrs. McKinley resides and which residence, if your betrayer has correctly stated 
 the facts, you visited on the Saturday night before, remaining for something like 
 two hours," was the reply. 
 
 The suspense was soon to be terminated and although I might have guessed 
 the rest, I asked, though stunned from the shock and beside myself with grief; 
 "who might this one have been?" 
 
 Drawing a little closer and placing his right hand on my shoulder as if to 
 brace me for what was yet to come, in subdued tones he spoke again, and his 
 answer had been given me. 
 
 "What," I murmured, "Allie McKinley, the very blood of my old friend 
 and partner, Horace, and it was he, the one in whom I should have least ex- 
 pected to discover my 'Judas Iscariot' and the one with whom, but a few short 
 nights before, I had partaken of his hospitality in the breaking of bread and drink- 
 ing of wine and in whose home, I was supposed to consider myself a welcome 
 guest, free to share with him in that which was his and secure against my foes !" 
 
 What did they give him that I might be delivered unto them ? What, I 
 asked myself, could be the nature of the covenant into which he had entered? Not 
 for gold, nor for silver, nor for precious stones would I have done this thing to 
 one of those — my friends. And could it be, that for "thirty pieces of silver" I 
 should be sold into slavery? 
 
 It was now, indeed, that I could understand that cowardly look. It was 
 now, indeed, that I could understand wherein his interest centered, when, on that 
 most wretched Saturday night, he asked such questions as : "How are you fixed, 
 Steve, in case you are being trailed now and the officers should come in on you ?" 
 and "What would you do in event of being discovered?" It was now, too, that I 
 guessed at what might have taken place, even at that very hour, had my faithful 
 weapon not have been produced and exhibited in evidence of something more sub- 
 stantial even than human flesh, and because of the sight of that polished barrel, he 
 had cowered beneath the spell. 
 
 It was now, in my moments of reflection and bitter remorse, that I could 
 understand the intuition of my troubled mind, when, on that same miserable night, 
 I tried so hard to find repose in sleep, but could not, even for a moment, concjuer 
 
 Page 283 
 
the spell that hound me to my doom. This, in all truth, was the forebodini;- of my 
 fate, but the warning- I heeded not. it had to come to me. but alas, too late. 
 
 Shortly after receivinq- this information, the Chief of Police came to my 
 ceil and aimounced that Mrs. McKinley was in the office and desired to speak to 
 me. 
 
 "Just say to the lady, Chief, that 1 do not wish to see her," I replied. 
 
 .\ few minutes later the Chief returned again and remarked: "When I de- 
 livered your message. Mr. Puter, the lady asked for the privilege of writing you 
 a note, which I said she might <1o and which, when written, she handed to me for 
 delivery — here it is." 
 
 Accepting the note from the Chief. 1 immediately tore it uj) and tossed the 
 fragments through the bars. 
 
 "You ought to have read that, Mr. Puter, as the lady left the office after 
 handing it to me and will probably be expecting a reply," remarked the Chief. 
 
 "Can't help it." I returned, "She will have no reply from me." 
 
 With this, the Chief turned and walked away and I was once more alone. 
 Other callers came and went, but just whom these may have been. I cannot now 
 recall. As my readers may well imagine. I was of troubled mind and my memory 
 of the happenings of that afternoon is not of the best. 
 
 I do remember, however, of having received a reply to a message I 
 sent Mr. Heney, conveying information that he w'ould call on me. This, of itself, 
 was encouraging, though what his actions toward me might be when he came, 
 was purely speculative. I still had hope, of course, that he would listen to my 
 story and that he would learn and believe the truth, as it was my intention that he 
 should receive it from me. The suspense, nevertheless, was great and I could only 
 have wished that, instead of replying to my message, he might have appeared in 
 person. 
 
 Some two or three hours later the Chief called on me again and mentioned 
 having met Airs. Marie IMcKinley on the street corner waiting for a car to take 
 her back to Oakland, wdien he was on his way to the barber shop after handing 
 me Marie's note that I had refused to read. 
 
 The incidents connected with this meeting, as related to me by the Chief 
 and as near as I can remember, are in substance, as follows : 
 
 "When she saw me approaching her," said the Chief, "she advanced to meet 
 me and asked if I delivered her note to you, w'hich I said I had, but that, instead 
 of reading it. you tore the note into small pieces and tossed it through the bars 
 to the floor at my feet. 
 
 "When I told her this," continued the Chief, "she broke out and sobbed 
 like a child, declaring she believed that you blamed her for being captured, and 
 begging that I return and plead wuth you to grant her an interview^ 
 
 "This I did not think best, so advised her to go on home and promised that 
 I would talk with you personally and it is my opinion, Mr. Puter, if I am any 
 judge of human nature at all, that this little woman had nothing to do w-ith the 
 matter. Of one thing I am certain," continued the Chief, "Mrs. McKinley was 
 deeply affected and her declarations of innocence and the manner in which she 
 conducted herself, appealed to me as being most convincing that she was in no 
 way implicated in the plot to effect your arrest." 
 
 I was gratified to learn this, as I had no desire to blame any one wrong- 
 fully, more especially my old partner's wife, a man for wdiom, as Marie well 
 knew, I had done everything within my power during the many years of our 
 business and social relations together. I was disposed, upon first learning of 
 what had taken place, to hold Marie partially responsible, and the thought of her 
 having contributed to such a dastardly plot, after our long years of acquaintance 
 and in the face of all the little kindnesses I had bestowed upon both herself and 
 Horace, made my capture doubly bitter. I was glad, therefore, for the oppor- 
 tunity to relieve my mind on this point, and to believe that Horace's wife was not 
 responsible for the treachery I had attributed to her. I w-as also glad, some time 
 
 Page 284 
 
Charles J. Reed, United States Marshal of Oregon 
 whose official record is without a blemish 
 
later, to learn from a most reliable source that Marie was in no wise connected 
 with the plot, and that, when she came to the park to meet me, she was totally 
 innocent of what had taken ])lace and that her sole object in coming' was to learn 
 my plans for the future and to ofi'er her aid, in whatever way I might sugg^est, to 
 further my interests. 
 
 On the following morning, shortly before noon, the Chief informed me that 
 Mr. Heney w-as in the office, and a few minutes later, he appeared at my cell. It 
 required but a glance, even before he had an opportunity to speak, to satisfy 
 me that Mr. Heney felt kindly toward me. His face wore a serious expression 
 as he approached, but was not stern and cold, appearing rather as that of one who 
 was vexed and sad, and when his eyes met mine and we were face to face. I 
 could readily see in his every action and expression the man of .sorrow and pity 
 because of my trying position and the circumstances under which we were forced 
 to meet. 
 
 He frankly stated that I had done wrong in going away and said, because 
 of my having done so, he regretted to inform me that it would probably become 
 impossible for him to do as much for me as he otherwise could. 
 
 After our conversation, which probably lasted 40 minutes, during which 
 I related to Mr. Heney as briefly as possible all the circumstances surrounding 
 my recent adventures and my purpose in returning to the Pacific Coast and of the 
 efforts I had made to meet him. I felt somewhat encouraged, as he listened very 
 attentively to everything I had to say. He appeared to appreciate my position and 
 to realize that I told him the truth, exactly as I knew it to be. Mr. Heney, before 
 leaving, informed me that I would shortly be removed to the Alameda County 
 jail at Oakland, where I could remain until such time as I could arrange affairs 
 with my family, when I would be transferred to Oregon. In bidding me goodbye, 
 Mr. Heney stated that he would probably call again, but in any event, he would 
 see me in Oakland before I left for the North. 
 
 I remained in the Alameda City jail either three or four days in all, when 
 United States Marshal John H. Shine, accompanied by one of his deputies, called 
 and informed the Chief that he was ready to remove me to San Francisco, where 
 I was commanded to appear before the Jndge of the Federal Court, preliminary to 
 my removal to Oregon. 
 
 The Chief informed me of the Marshal's presence and of his purpose in 
 calling, and removed me to his private office, v^here T was securely ironed by 
 Marshal Shine. He then led me to a carriage in waiting, and invited me to step 
 inside, after which, he took a seat by my side, while his deputy occupied the seat 
 facing me. and we were thus driven to the Federal building in San Francisco. 
 
 Arriving there. I was taken to the ^Marshal's office, relieved of my irons 
 and escorted by a squad of deputies to the Court room and before Judge Dc 
 Haven, waived the reading of all documents and indicated my willingness to re- 
 turn to Oregon without the necessity of further delay. 
 
 I was then taken back to the Marshal's office, where I met and talked v.nth 
 Mr. Heney. and also had the pleasure of meeting and conversing with William 
 J. Burns. As this was the first time I had encountered Mr. Burns since my escape 
 from him in Boston, my curiosity was somewhat aroused as to how he w^ould 
 greet me. and noticing, when I caught his eye. that it was his purpose to speak, I 
 walked toward him, and as he extended his hand. I remarked: 
 
 "I will be glad to shake hands w'ith you, Mr. Burns, if you feel you can 
 do so in the same friendly way you have always done in the past." 
 
 "I haven't a thing in the world against you. Mr. Puter," was the reply, as 
 Mr. Burns grasped my hand. 
 
 "Glad to hear that." I replied, and continuing said : "You know, Mr. 
 Burns, I had no intention of injuring you when I made that fight in Boston — 
 my only thought, in fact, was to get aw-ay." 
 
 "Oh," replied Pjurns. "that was all right," and in turning away from me. 
 as he did at that time, I was thoroughly convinced that his feelings toward me 
 
 Page 286 
 
were not of the best, for whatever his remarks, the "glassy eye" which he gave 
 me was evidence sufficient that forgiveness on his part was not so complete as 
 he would have me believe. 
 
 I was then manacled again and taken to the Alameda County jail, in Oak- 
 land, by Marshal Shine and a deputy, and upon arriving there, was placed in a |/ 
 cell, to which there was no opening whatever, except the small one in the door 
 through which the meals were passed. The cell itself was so situated as to ex- 
 clude all light, except that which came through the wicket, or opening mentioned. 
 
 Adjoining the one in which I was placed, were two other cells, making 
 three in a row and immediately opposite were three more, the corridors serving for 
 all six cells, with two prisoners to each one. As the top of the corridor was made 
 of flat iron or steel bars, above which there was a skylight, and there was a 
 window within a few feet of the bars at one end of the corridor, the corridor 
 itself was amply supplied with light during the day, but this light, as a stated 
 heretofore, could not penetrate into the cell rooms proper, so the prisoners were 
 in almost total darkness between the hours of 7 and 9 o'clock in the evening, 
 when miniature electric lights were turned on. 
 
 At the time of my incarceration in the Alameda County jail, there were 
 ten men, besides myself, or eleven of us in all, occupying the six cells. Some 
 were serving jail sentences, while others were being held as witnesses, but all were 
 treated alike, being permitted to exercise in the corridor between 7 and 8 o'clock 
 every morning and from five to six in the evening ; also being given the freedom 
 of the corridor for a time on Friday of each week for the purpose of cleaning up 
 their cell rooms and scrubbing the corridor. They were likewise permitted to 
 occupy the corridor during the religious services which were conducted by mem- 
 bers of the Salvation Army. All the balance of time, the prisoners were confined 
 to their cells, which, because of the darkness prevailing throughout the day, were 
 veritable dungeons. 
 
 The prisoners were not permitted to see the daily newspapers, it being one 
 of the strict rules that no literature whatever should be allowed in the place, ex- 
 cept such as the members of the Salvation Army, or other religious denomina- 
 tions might care to leave with us. It was amusing, during the day, to note the 
 faces of other prisoners pressed to similar openings across the way, in an effort 
 to devour the contents of the religious tracts that had been given them. Per- 
 sonally, I was not in a mood to become converted at that particular time, nor can 
 I understand how any one else could do so under such trying circumstances, as 
 the light furnished us was hardly sufficient to permit a person to read the head- 
 lines, without considering the fine print. During the twelve days of my confine- 
 ment in this jail, I never saw Sheriff Barnett nor did I see Jailer Pete White but 
 twice, when I was delivered into his custody by the United States Marshal upon 
 entering, and at the time of my leaving the place. 
 
 The head "trusty," who had charge of the cells attached to all corridors, 
 there being four corridors in all, was, in my opinion, the most contemptible piece 
 of humanity with whom I had ever come in contact, and it is beyond me to un- 
 derstand how a jailer, who is supposed to be a man of some intelligence, if not 
 education, could permit or tolerate such conditions as existed under this man's 
 brutal and domineering management of the aft'airs of that bastile. To think that, 
 in a civilized country, such as we feel proud to term our own, a jailer would turn 
 over the management of affairs to a petty larceny thief of this trusty's caliber; a 
 thing devoid of all feeling, a degenerate in appearance, with a look of villainous 
 treachery in his eye and the mark of depravity and morbidness engraved in every 
 feature. If ever a man bore the mark of Cain, it was this sullen beast that 
 strutted to and fro, showering abuse and profanity upon those whom he was 
 pleased to call his charges, and whom he treated as one lost to all reason might be 
 expected to regard a mongrel cur upon the street. 
 
 One of the so-called conveniences for the accommodation of this prison's 
 inmates, is what was known as the "screen room," to which the prisoners were 
 
 Page 287 
 
ushered when called upon by friends. It was probably 8x12 feet in size, and 
 surrounded by a wire screen, the meshes of which were so closely woven that it 
 was impossible to see through them, and in addition to this, there was a second, 
 or outer screen, similarly woven, which was placed about two feet distant and 
 immediately in front of the jicrson with whom the prisoner might be conversing. 
 This arrangement, no doubt, was very good, in.sofar as proteclinn against the 
 introduction of contraband articles by the callers was concerned, but was a miser- 
 able place to hold a conversation in, as it was simply impossible to discern the 
 features of the person with whom you might be conversing. In fact, a person 
 could never tell with whom they were speaking, unless sufficiently well acquainted 
 to recognize the voice. There was no secrecy observed, as the screen room fre- 
 quently contained two or more prisoners, each of whom would he conversing 
 with their friends at the same time. 
 
 Mrs. Puter called to see me daily, but was accorded no privileges, other 
 than those extended to other callers. She pleaded with the jailer and also with 
 the Sheriff, for a permit to see me and talk with me in private, but they coldly 
 refused to grant her request. 
 
 I was not permitted to receive a meal brought to the jail by my wife, nor 
 would they allow me to accept a bag of fruit. Neither were the ])risoners allowed 
 to send out to the restaurant for anything. 
 
 Concerning the food served the prisoners it was not my original intention 
 to speak, as I believe, under such circumstances, one should ]iut up with a great 
 deal without offering complaint. It was of such vile character, however, as to 
 warrant some comment, and I can truthfully say. whatever the crime or condition 
 under which men may be forced into the Alameda County jail, under similar 
 management to that which existed at the time I sojourned there, they are truly 
 to be pitied. "Grub," as the prisoners called it. was too complimentary. Swill, 
 in all truth would be a more appropriate term. 
 
 Those among the prisoners who had the price, might obtain a meal at any 
 time from the jailer's table, by paying the sum of 50 cents extra. 
 
 I could never quite understand why there should be such a marked dift'er- 
 ence in the management of the Alameda County jail and the Alameda City jail, 
 but I presume that the head of the institution has much to do with the way things 
 are conducted. 
 
 During my four day's stay at the Alameda City jail, while I was made to 
 feel my position as a prisoner in every sense of the word, at the same time, I was 
 never treated in such a manner as would tend to force upon a man the feeling 
 that he was not a human being, and I can only regret, since it was my lot to re- 
 main in confinement, that I was not permitted to occupy a cell in the jail over 
 which Chief of Police John Conrad presided. I was his prisoner, but not his 
 dog, nor was I ever so considered by him, and shall always hope for the time when 
 I shall become better acquainted with him under more pleasant circumstances. 
 
 On the morning of the twelfth day of my confinement in the Alameda 
 County jail, I received a message from Mr. Heney, informing me that I was to 
 leave on the train for Oregon that night and that he would call to see me about 
 seven o'clock in the evening. Upon receiving this information, I sent a message 
 to my wife, advising her that I expected to leave for the North that same day, and 
 asking her to call in the evening, when I hoped to be permitted to talk with her 
 before my departure. 
 
 Mr. Heney and my wife arrived at the jail about the same time, and after 
 talking with the former for about fifteen minutes, I was allowed to talk with Mrs. 
 Puter for nearly half an hour, when the Marshal announced that the time had 
 arrived when we must be going to the train. 
 
 After bidding my wife and daughter good bye, I was given into the custody 
 of A. S. Dingley and J. W. Richards, the former being a Deputy U. S. Marshal, 
 while the latter acted as his assistant for this particular occasion. 
 
 Page 288 
 
We proceeded to the Oakland mole by street car, where we boarded the 
 Oregon Express at 8 :30 for Portland, tickets having been previously purchased 
 and the drawing room in the Pullman car engaged for the trip. 
 
 I rather anticipated being handcuffed on this trip, as Marshal Shine, of 
 San Francisco, was very careful to place the shackles on me at the time of my re- 
 moval from the Alameda City jail to the Federal Court room and later, on the 
 trip to the County jail, so it was only natural, of course, that Mr. Dingley, his 
 deputy, would be expected to take the same precaution. I was agreeably surprised, 
 however, to find that I was not to be so treated and was surprised still more, upon 
 entering our room, to have Mr. Dingley suggest to me that I might occupy either 
 of the three berths, whichever one I preferred. 
 
 I was not regarded as a prisoner at any time during the trip to Oregon, 
 but rather as a guest or companion, and aside from Mr. Dingley and his assistant, 
 it was not known to the other passengers but that the trio were making a tour 
 of the country on pleasure bent. I attribute the treatment accorded to Mr. 
 Heney's good ofiices, for he must have known that 1 was not of the kind to 
 escape, or attempt such a thing, under the circumstances. 
 
 Upon arriving in Portland, we took breakfast at the cafe in the Union 
 Depot, after which, finding that it was yet too early to expect Marshal Reed in 
 his office, we sat about and read the morning paper until 9 :30, when we walked 
 to United States Marshal C. J. Reed's office. 
 
 Upon entering, Mr. Reed seemed surprised to see us, as he had no intima- 
 tion that we were to arrive on that particular morning. I was formally turned 
 over to the custody of Mr. Reed by Mr. Dingley, at which time, I was informed 
 that my bond had been fixed at $25,000, and as I stated that no attempt would be 
 made to furnish the bond in question, I was immediately transferred to the Mult- 
 nomah County jail, being turned over to the custody of Jailer Harry Grafton, 
 under Sheriff Tom M. Word. 
 
 My first act after reaching the County jail at Portland, was to telegraph 
 to my brother and attorney, Lawrence F. Puter, at Eureka, Humboldt County, 
 California, requesting him to come to Portland at once, as I wished to consult 
 with him in regard to my future plans. Upon his arrival here, I immediately en- 
 listed his services to proceed East and interview those with whom I had become 
 involved in connection with State School lands with a view of arranging an am- 
 icable settlement of the difficulty later on, and which difficulty was the cause of 
 my skipping to Boston in the first place to avoid arrest until settlement could be 
 made or an understanding arrived at. This difficulty, I might state here, had no 
 connection whatever with the land fraud trials in which the Government had se- 
 cured my conviction. I make mention of this fact, simply to show that in escaping 
 from Secret Service Agent Burns in Boston, it was not because of any fear on 
 account of the Government's case, but because of what might result in the other 
 matters, in event of my being arrested and taken into custody. 
 
 My brother made the trip East and was reasonably successful in his mission 
 and upon his return, some three weeks later, he advised me to withdraw my mo- 
 tion for a new trial and to accept sentence and which, he stated, in his opinion, 
 would be very light and not to exceed six or nine months, at the very outside, in 
 the County jail. He thought this the best way out of the difficulty and that, if I 
 should decide to follow his advice, sentence would be imposed immediately and it 
 would not seem long, he reasoned, until my time had been served and I would 
 then be free to engage in some legitimate pursuit which would enable me to square 
 up old accounts with the Eastern people and begin life anew. 
 
 I accepted his judgment in the matter and on the following day, July 6th, 
 1906, I appeared before Hon. Charles E. Wolverton, U. S. Federal Judge for the 
 District of Oregon, and was sentenced to confinement in the Multnomah County 
 jail for a term of two years, and, in addition, that I was to pay a fine of $7,500. 
 This sentence came as very much of a surprise to me, as I little expected 
 
 Page 289 
 
■! 
 
 1 
 
 4 
 
 Robert L. Stevens, Shcriff^ of Multnomah 
 County, Oregon 
 
to receive the maximum penalty of two years, as against that of Senator Mitchell 
 of but six months, while my fine was placed at $7,500, as against $1,000, imposed 
 on the Senator. 
 
 I could not understand, nor do I to this day, why this great difference, for 
 while I am free to acknowledge that Senator Mitchell occupied an exalted position 
 in the State and Nation; that he was possessed of more education and a brain of 
 greater force and development than that to which I could lay claim, I could not 
 but believe that if anything, he was the greater criminal of the two. This man, 
 elected to one of the highest positions in the gift of the Nation by the representa- 
 tives of the people at large in the State of Oregon, respected and honored alike 
 both at home and abroad, an able lawyer and prince of diplomacy, and a man, who, 
 in all truth, was actually worshipped by his constituents, had, as the people of 
 his State and Nation know, been indicted, tried, and convicted by the fellow citi- 
 zens of his own State, and that, too, of a similar crime to my own — conspiracy to 
 defraud the Government out of a portion of its public lands, but which, in Senator 
 Mitchell's case, was by far the greater oft'ense of the two, as to him had been 
 entrusted the power to participate in the making of the very laws which he 
 afterwards saw fit to violate, while I, occupying only the position of a plain 
 citizen, uncultured and virtually without education, aspiring merely for the 
 commonplace things of life, ambitious only that I might be able to provide com- 
 fortably for my family and place my children in reach of an education, I must 
 submit to longer imprisonment and to suffer the imposition of a seven fold 
 greaer fine. 
 
 It is probably not proper for me to criticise the wisdom of the trial judges 
 in passing the respective sentences, but I must admit, if judgment was correct in 
 both instances, it is beyond my power of comprehension. 
 
 It is true, of course, that Mr. Heney agreed that I should not be prose- 
 cuted on any of the other indictments against me, provided I withdrew my motion 
 for a new trial and accepted sentence, but even at that, it appeared to me, because 
 of the valuable information I gave to the Government officials and which enabled 
 them to secure indictments against Senator John H. Mitchell and others, I should 
 not have been so severely dealt with. It was the "big men" that the Government 
 was after anyway — men holding high official positions, and men who were sup- 
 posed to know better and to govern their actions accordingly. Besides, it has 
 always been customary, from time immemorial, to deal leniently with any one 
 furnishing their State or Government with information which would result in se- 
 curing convictions of the principals to a crime, or conspiracy to commit crime. 
 
 I had been confined something less than a month when Robert L. Stevens, 
 the newly elected Sheriff, took charge of the institution. Upon assuming control 
 of the Sheriff's office, Mr. Stevens appointed Geo. T. Mitchell as Jailer, he having 
 officiated in a similar capacity under Sheriff" William Fraser, whose office termi- 
 nated some four years prior to Sheriff' Stevens' induction into office. 
 
 I had served something like three or four weeks of my sentence under 
 Sheriff Stevens' administration, when I learned that I was to be moved to other 
 quarters in the jail, United States Marshal Reed having directed that I be ac- 
 corded the best accommodations possible. I was thereupon transferred to a room 
 by myself, which was ten feet wide by fourteen feet long and nine feet high, 
 with cement walls, nicely kalsomined and a hardwood floor and double windows, 
 each of which were two and one-half by five feet in size, facing the street on the 
 east side of the building. This room possessed electric lights, besides hot and 
 cold water and a toilet, with furniture consisting of a large square writing table 
 and two comfortable chairs, which was afterwards supplemented by the addition 
 of a typewriting machine and stand. The entire jail was steamheated. 
 
 Meals were served thrice daily excepting on Sundays, when luncheon was 
 omitted. They were all remarkably wholesome, and compared very favorably 
 with those obtainable at first-class local restaurants for fifty cents. 
 
 Page 291 
 
H. 
 
 P. {"Dad") Hunter, jailer of the Multnomah 
 County Jail, where Puter was confined 
 
 I might state here that of all my experiences with jail life — covered by 
 my confinement in the Alameda City jail for four days, the Alameda County jail 
 for twelve days, and my incarceration in the Multnomah County jail from June, 
 1906, to January 6, 1908 — I consider the latter the best conducted institution 
 of its kind I ever encountered. It may be added, however, that the treatment ac- 
 corded me by Chief of Police Conrad during my brief stay as his guest, could 
 not be surpassed. He certainly exercises a humane spirit in the conduct of the 
 Alameda City jail, but naturally his facilities are inferior to those connected with 
 the Portland institution. 
 
 Robert L. Stevens, the Sheriff of Multnomah County, is without doubt the 
 right man in the right place. I had ample opportunity to study conditions during 
 my long stay in his charge, and am in a position to state with every degree of 
 sincerity that his management of affairs could hardly be improved upon. He is 
 kind and courteous to all, and at the same time commands the respect and confi- 
 dence of those in his keeping. He is a man of courage and high character, and 
 I do not believe he has ever had a prisoner that has failed to take a personal pride 
 in conducting himself in such a manner as to reflect credit upon Mr. Stevens' ad- 
 ministration. 
 
 Page 292 
 
No sooner had he assumed the duties of his office, than he instituted a 
 crusade against the accumulated filth of past administrations, with the result that 
 every nook and corner of the establishment was thoroughly cleansed, the walls 
 carefully whitewashed, the cells painted and all the sanitary conditions vastly im- 
 proved. This in itself had a tendency to exercise a potent influence over those in 
 confinement, seeming to inspire them with a desire to co-operate with the spirit 
 of reform. In fact, upon the principle that "music hath charms to soothe the 
 savage breast," I believe that any turbulent nature is more readily controlled in 
 an atmosphere of refinement than under conditions that are liable to develop 
 the baser instincts. 
 
 "Bob" Stevens exercises wonderful control over men, and this he ac- 
 complishes more through kindness than by any other process. There has never 
 been any attempted jail-break during his term, and in my opinion there never will, 
 because all the prisoners — among whom are some of the most desperate class of 
 criminals — seem to feel that they would be violating a confidence by the com- 
 mission of any act that would have a tendency to discredit the present Sherifi^ in 
 public estimation. He rules with an iron hand through kindness, whereas, were 
 he a brute, like too many who are given temporary control of human beings, there 
 is no doubt he would be in constant hot water, as those in confinement are ever 
 ready to go to any extreme in resenting ill-treatment. 
 
 Sheriff Stevens' entire force is composed of men eminently qualified to fill 
 their respective places. At the time of his election, he was identified with a promi- 
 nent local bank, and brought with him to the Sheriff's office those business prin- 
 ciples that had governed his career for years. It all goes to show that when it 
 comes to conducting a public office of any kind, it is always better to place business 
 men instead of politicians in charge. 
 
 During the summer of 1907, Jailer Mitchell resigned, and was succeeded 
 temporarily by R. F. Beatty, who continued to hold the position until October of 
 that year, when Sheriff Stevens appointed H. P. ("Dad") Hunter to the place. 
 The Sheriff made a wise selection in this instance, as "Dad" is undoubtedly one 
 of the best men that ever turned a key on a poor unfortunate. A giant in stature, 
 and a tower of strength physically, with disposition congenial enough to corres- 
 pond with his size, he is one of the mo.st popular men I ever saw around an in- 
 stitution of this character. With it all, however, he maintains a strict enforce- 
 ment of rules, and is certainly a valuable aid to the Sheriff in preserving 
 discipline. 
 
 Frank Beatty also made a good Jailer during the brief period he held the 
 position, but the close confinement proving irksome to one of his nature, at his own 
 request he was transferred to field duty, where he has frequently distinguished 
 himself in the clever capture of dangerous criminals. 
 
 Through the intercession of Francis J. Heney, President Roosevelt granted 
 me a pardon on December 31, 1907, and it proved to be a very welcome New 
 Year's gift, for, despite my pleasant surroundings, I was anxious to regain my 
 liberty and take up the burdens of life on improved plans. 
 
 It is one of the ironies of fate that the official document containing the act 
 of executive clemency reached me on January 6, 1908, and I walked forth a free 
 man on my fifty-first birthday. 
 
 Page 293 
 
Puter at uork in his cell, revealing the author in his customary 
 attitude while engaged in preparing the manuscript 
 
Chapter XIX 
 
 C. A. Smith, the niulti-iiiillioiiairc of Minneapolis, and candidate for the United 
 States Senate from Minnesota, grows exeeedingly "chesty" when he imag- 
 ines Puter has joined the "Doznm and Out" Club on account of being a 
 fugitive from justice, and giz'cs a local nezvspaper a false interview con- 
 cerning the land fraud king — The latter retaliates, and proves Smith to be 
 not only the Premier Disciple of Ananias, but a Shylock of the first water 
 and a miser of the deepest dye, behind zvhom the turnkey stalked zvith 
 fiendish glee until the statute of limitations kindly came to his rescue. 
 
 AS for the thousands of acres of val'iable timber lands in Linn, Douglas 
 and Coos counties, Oregon, which C. A. Smith acquired fraudulently 
 
 through Fred A. Kribs, his Pacific Coast representative, it is not at all un- 
 likely that the Government will soon take steps to cancel the patents thereto, as 
 Mr. Heney, while engaged in gathering the evidence upon which Senator Mitchell 
 was convicted, also unearthed all the details relating to the illegal process by which 
 these tracts were secured. In the event of the cancellation of the patents to these 
 lands, title would revert to the Government, and they could be relocated under the 
 timber and stone Act of June 3, 1878. 
 
 But of this immense wealth of timber that still hangs in the balance, I have 
 said enough. There are other vast tracts which Smith has acquired just as ille- 
 gitimately — located also in Linn, Douglas and Coos counties. Oregon — which in- 
 cludes thousands of acres of the finest timber lands in the Northwest. Some of 
 this was taken up under the Timber and Stone Act, with the aid of "dummy" entry- 
 men, just as those portions alluded to were obtained, while the balance was em- 
 braced in forest reserve lieu selections under the "Scripper" law of June 4, 1897. 
 
 It was Fred Kribs' "stand-in" with Register J. T. Bridges and Receiver J. 
 H. Booth, of the Roseburg Land Office, that enabled him to get the inside track 
 on all the good things that were known to be floating around promiscuously in 
 that District, but it has been shown that this relationship proved the undoing of 
 the Land Office officials, and drove poor Kribs into such a tight box that he was 
 forced to peach on his friends in order to save his own bacon. 
 
 It is a well-known fact that night after night, when the Land Office was 
 supposed to be closed to the general public, Kribs and the Register and Receiver, 
 behind closed doors, were secretly engaged in preparing the scrip selections to be 
 filed the following morning upon all the lands, or the greater portion of them, 
 embraced in some township that had just been surveyed and become subject to 
 entry. Kribs certainly had the long pull in that office, and having prepared his 
 selections in advance, was in a position to shut out all competitors. 
 
 His plan contemplated the temporary blanket covering of the entire newly- 
 surveyed township with forest reserve scrip until such a time as his cruisers had a 
 chance to inspect each forty embraced therein, after which Kribs would withdraw 
 his selections from the culled portions, kindly affording the common herd an op- 
 portunity to get hold of something he didn't want. In this respect his action re- 
 minds one of a person throwing a bone to a hungry canine. 
 
 Other courtesies extended Kribs by the local land office officials — who have 
 since been deposed on account of these transactions— consisted in furnishing him 
 with advance information concerning the cancellation of certain entries by the 
 Department. This would give him a long lead in the race to relocate the tract, 
 and it is plain to be seen how the "other fellow" would fare in his efforts to get 
 hold of some of the rich pickings that were supposed to abound in that vicinity. 
 
 Page 295 
 
The foregoing plat of Township 13 South, Range 3 East, Linn County, Oregon, together with 
 
 the one on the next page of 13-4, shows some of the fraudulent timber entries made 
 
 in the interest of C. A. Smith through the Mealey Brothers. The 
 
 entrymen were paid $50 each for their rights 
 
 Under the circumstances it is difficult to comprehend how such a vuhierable 
 individual as C. A. Smith, for whom Kribs was at all times operating, should give 
 expression to the sentiments attributed to him in the course of an interview with 
 a Minneapolis newspaper man when it was first announced that I had been cap- 
 tured in Boston by Secret Service Agent Burns and had afterwards made my 
 escape, as described fully heretofore. 
 
 I will be charitable enough to presume that he was not devoid of common 
 sense, but. like Mays, when he refused to go on my bond, thought I was down and 
 out, taking it for granted that because I was a fugitive from justice at the time, 
 he could say what he pleased about me without fear of his lying- statements being 
 contradicted. 
 
 In the Minneapolis Journal of March 27, 1906, published on the afternoon 
 of the day following my escape from Burns. Smith is quoted in this fashion: 
 
 Page 296 
 
PUTER "GOT TO" A LOCAL LUMBERMAN. 
 
 Man Who Made Sensational Gun-Play in Boston Remembered by C. A. Smith. 
 
 EEMARKABLE CUNNING DECEIVED A LAWYER. 
 
 Thousands Lost in Timber Land Deals With Shrewd Puter, Admits Mr. Smith. 
 
 G. A. Smith, a Minneapolis lumberman, who has just returned from the Pacific 
 Coast, figures he has lost between $150,000 and $200,000 as a result of his acquaintance and 
 business deals with Stephen A. Douglas Puter, the fugitive from justice who escaped from a 
 United States secret service officer at Boston yesterday by making a "gun-play" in the 
 public street in front of the postoffice. 
 
 Mr. Smith considers himself a pretty good judge of human nature, but admits that he 
 was completely taken in by Puter, whom he met in the city some six y/ars ago. At that 
 time, Puter called on Mr. Smith to offer for sale some Pacific Coast timber land. 
 
 "I will give Puter credit," said Mr. Smith today, "for being one of the smoothest 
 individuals I ever met. He puts up a splendid front, has an unlimited amount of nerve, and 
 is a shrewd business man — but apparently absolutely unscrupulous. 
 
 " 'I look on most of these Pacific Coast men who want to sell timber tracts as crooks,' 
 I said to my lawyer after drawing up a contract with Puter, 'but that man who has just 
 left us I believe to be absolutely on the square.' '1 heartily agree with you,' replied my 
 attorney. And so we were both taken in. ' ' 
 
 WOEKED IT COMING AND GOING. 
 
 ' ' The largest deal I had with Puter was for the purchase of some 30,000 acres of 
 timber land on which he held options, located on the Pacific Coast. I was to pay him a 
 flat figure an acre. It eventually turned out that he gave me clear title to the poorest 
 lands, but those on which the best timber stood I never did get title to. In other transac- 
 tions where he acted as my agent in direct purchase of land, I afterwards found he 
 cheated me out of $30,000 or $40,000 in actual cash by reporting the prices he paid in 
 excess of the actual figures. 
 
 ' ' A year ago this month was the last time I ever saw Puter. He met me here in 
 the Hotel Nicollet. 'I am in a position where I must have $2,000,' he said, 'and I want 
 you to give it to me on account of deals which are still pending between us. ' I was at 
 that time looking up his crookedness, and although I suspected him, I had no proof. ' I 
 can 't let you have a single cent, ' I replied. ' Why, ' said Puter, ' I have just returned from 
 Washington where I have done things to clear title to lands that would put me behind 
 prison bars. You must give me $2,000!' " 
 
 PUTER HERE RECENTLY. 
 
 " 'I bought lands from you in good faith,' I replied, 'and without any trickery 
 or dishonesty on my part. If you have been dishonest and have done wrong it is all your 
 own doing, and none of mine.' He finally left me without getting any money, and I 
 haven 't seen him since. One of my men, however, told me he saw Puter in Minneapolis 
 on the street about two months ago. I imagine the fellow has about got to the end of his 
 rope. He has a family in Oakland, California. 
 
 "The fact that Puter is not only smooth, but a man of great nerve, is demon- 
 strated by the way he escaped from the Government officer in the public streets of Boston; 
 and I understand United States Marshal W. J. Burns, of Washington, D. C, is one of the 
 cleverest men in the employ of the Federal Government." 
 
 If a person were to judge from the above, he would quite naturally conclude 
 that C. A. Smith was somewhat of an angel- without wings, and altogether too 
 honest and sublime to engage in any shady transaction, or even become associated 
 with one whose tendencies might be inclined that way. 
 
 But I wish to state for the benefit of all whom it may concern, that Smith 
 is noted for just such outbursts of assumed holy righteousness whenever it suits 
 his convenience to play the hypocrite, which is equivalent to saying that this is 
 his normal condition. In this attitude he bears a striking resemblance to the 
 jackass that arrayed itself in a lion's skin, and undertook to create a deep im- 
 pression by its imaginary roar ; and in this instance also the disguise is too ap- 
 parent to deceive anybody or anything excepting his own egotistical instincts. 
 
 Page 297 
 
Plat of Township 13 South, Range 4 East, showing location of timber claim filed on by George A. 
 
 Westgate, the newly appointed Surveyor-General for Oregon. The IS quarter sections 
 
 indicated above were filed on in the interest of C. A. Smith by the Mealey 
 
 Brothers, the entrymen receiving S50 each for their claims 
 
 111 my opinion, this man C. A. Smith. aUliough possessed of millions, is. 
 without (jue-tion, the most selfish, covetous and avaricious landgrabber with whom 
 I ever had dealings — ever ready and willing to do business with me when I had 
 lands to ofifer that he knew had been obtained fraudulently, because, as he figured, 
 he could get them cheaply, and in the hope of securing such lands at a figure less 
 than one-half their market value. 
 
 On the other hand, whenever I had large tracts of land to offer that were 
 acquired legitimately and of great value, he would invariably nose around in an 
 effort to learn what there was in it for me. and wdiatevcr the value of the land, or 
 how small my commission, he would spend more time than the difference in our 
 estimates trying to get me to come to his terms. 
 
 Two deals in point were for lands in Humboklt county. California. The 
 first, or that owned by Hooper Brothers, and known as the California Redwood 
 Company, included in its holdings 12.000 acres of the very cream of that great 
 lumber belt, with a shingle mill in operation, seven miles of railroad, locomotive 
 and logging cars, together with full equipment, all of which I offered to Smith 
 for $900,000. and on which amount he knew 1 was tt) receive a commission of 
 
 Page 298 
 
five per cent. This "wiseacre" from 
 Minnesota, who had worn the custom 
 threadbare of making his own price, 
 bucked right square in the harness when 
 he found out how much it was going to 
 cost him, even having the audacity to de- 
 clare that he would purchase those lands 
 before he got through for one-half the 
 price named by me, and as for any com- 
 mission — well, a few hundred, in Smith's 
 hoggish way of thinking, was plenty 
 good enough for me. 
 
 Mr. Smith, together with A. R. 
 Rogers, vice-president of the C. A. Smith 
 Lumber Company, Fred A. Kribs and 
 Bert Davis, head cruiser of the corpora- 
 tion, had accompanied me to Humboldt 
 county, where we made a personal inves- 
 tigation of the timber, railroad and other 
 equipments included in the deal, after 
 which we returned to San Francisco, 
 where Mr. Smith called upon Hooper 
 Brothers at their office, with a view of 
 purchasing the tract. Smith talked the 
 matter over for some time with the com- 
 pany,- finding all the fault he could in the 
 way of pointing out the difficulties of 
 maintaining, manufacturing and dispos- 
 ing of the lumber, and finally made the 
 Hoopers the liberal ofifer of $450,000 for 
 the property, or exactly one-half the 
 amount asked for the plant in the first 
 place ! One of the Hoopers later repri- 
 manded me severely for bringing a per- 
 son of Smith's calibre to their ofiice and 
 consuming his time with such a man, 
 whom he termed a four-flusher, with no 
 intent of making any purchase. Needless 
 to state that Smith did not secure the 
 lands, or any portion thereof. This valu- 
 able tract was sold later, and within two 
 years, to the Santa Fe Railway Company 
 for $1,500,000, or an advance of $600,000 
 over the price I offered them to Smith, 
 and today these same lands could not be 
 purchased, at a conservative estimate, for 
 less than $3,500,000, from which it will 
 
 be seen that, had he accepted my ofter— made something like six years ago 
 would now be richer to the extent of fully $2,000,000. 
 
 The other deal, involving the Vance properties, consisting of several thou- 
 sand acres of redwood timber, a sawmill, shingle and shake mill, eighteen miles 
 of broad-gauge railroad, with several miles of laterals, locomotives, logging cars 
 and full equipment ; a steamer and several lumber schooners, also including the 
 Vance hotel in Eureka, and 1200 feet of waterfront, I offered to C. A. Smith as 
 a whole for the lump sum of $1,000,000. At the time of making this oft'er to him, 
 Mr. Vance had a prospective purchaser on the ground in the person of A. B. Ham- 
 mond, who was very anxious to secure the properties. But as I had been given a 
 
 George A. Westgate, Senator Fulton's 
 appointee as United States Surveyor- 
 General for Oregon, from a sketch by 
 Harry Murphy while Westgate was 
 Chairman of the Republican State 
 Central Committee in 1906 
 
 he 
 
 Page 299 
 
thirty-day option, at which time he had expressed ccnihdence in niy abihty to close 
 the cleal for him. and as 1 had gone to the expense of making' a tri]) to MinneapoHs, 
 bringing- Smith back with me. and he was tlien in San b'rancisco. but expected to 
 reach Eureka in a few ihiys. Mr. Hammond was unable to get a hearing. 
 
 When I learned of Hammond's presence, I lost no time in calling Smith up 
 by 'phone, advising him that my option would expire within two days, but that Mr. 
 Vance had expressed a willingness to grant a few days' grace, providing Smith 
 would come to Eureka on the first steamer. I likewise notified him of Hammond's 
 presence, and p<:)inted out the eagerness displayed by the latter in seeking to get 
 hold of the property. In fact, we discussed the matter for something more than 
 an hour on the long-distance telephone, and after explaining all the details, I felt 
 convinced that Smith would at least comply with my expressed wish and come to 
 Eureka on the first boat. He wound up our conversation, however, by telling me 
 that it would be impossible for him to do so just then, but that he would come 
 up within a week or so. 
 
 When 1 hung up the receiver, I was thoroughly disgusted with Smith, i 
 knew, as a matter of fact, that he wanted those lands, and I had full faith that a 
 sale would be consummated if he could be induced to make the trip without delay, 
 as he had been there that summer, and had also inspected these lands the summer 
 before, at which time he made purchases of adjoining tracts, and their value was 
 well-known to him. 
 
 But Smith was proceeding on the theory that both Edward Vance and my- 
 self would eventually come to his terms, and in order to force this condition, he 
 determined to hold ofif for the time being, and keep Vance on a string. Besides, 
 my proposition to him involved the investment of $1,000,000 — a whole lot of mon- 
 ey, and his egotism led him to assume that he was the only man in the country 
 who could swing such an amount. 
 
 He had reckoned without his host, however, when he ran up against Ham- 
 mond, as the latter had almost unlimited financial backing, and was quick on the 
 trigger when he caught sight of a good thing. 
 
 Disgusted beyond measure at Smith's arbitrary policy in handling the deal, 
 I went to V^ance the next morning and explained the whole situation to him, with 
 the result that all negotiations w^ith Smith were terminated at once, and Hammond 
 became the purchaser at the price indicated, depositing $100,000 to bind the bar- 
 gain before leaving Eureka. 
 
 This transaction took place in 1902, and the same property today is easily 
 worth $10,000,000. It might be well to state, however, in justice to this estimate, 
 that about $400,000 has since been expended in betterments, but as $10,000,000 is 
 a conservative estimate of the present value, the margin of profit is not seriously 
 afiFected. No sooner had I apprised Smith over the 'phone that Vance had closed 
 with Hammond, than he started at once for Eureka, and as soon as he got there, 
 he pitched into me as a balm for his chagrin in getting left. Nothing could illus- 
 trate the nature of the man more aptly than this episode. I was made the bumper 
 for all his woes, and his moral calibre was of too insignificant bore to take any 
 of the blame. I was a big loser by the operation, as well as himself, because I was 
 not only minus my commission, but was also out considerable money expended in 
 going to Minneapolis in the efifort to induce Smith to come to the Coast, not a 
 cent of which I ever got back. 
 
 About the time that Smith secured the thirty-three claims in township 14 
 south, ranges 3 and 4 east, described in a former chapter, I prevailed upon him to 
 visit Humboldt county, California, with a view of interesting him in a tract of 
 redwood there. This was his first trip to that region, and when he saw the mag- 
 nificent timber, he became so highly elated that he insisted upon my getting hold 
 of some of it for him. I already held an option on 7,000 acres, and told Smith 
 that I could probably secure between 25,000 and 30,000 acres more, which would 
 cost him less than $10 an acre. He purchased the 7,000-acre tract forthwith, and 
 instructed me to obtain options on the balance as soon as possible. 
 
 Page 300 
 
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 ■■\:/^^ 
 
 w 
 
 
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 ■.^' 
 
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 ^' ■"^4.V:> 
 
Within ninety days I had corralled 17,000 acres for him. in this way, at an 
 averai^^c cost of $8.75 an acre, all of which atljoined his other purchase. He was 
 soiourning- in l\)rtland at the time, and after 1 had secured the options on the 
 17.000 acres. 1 went there and explained matters to him. Smith a.g^reed to take 
 the lands, drawing up a contract to the effect that he would advance $8 an acre 
 upon receipt of a deed to each 160-acre claim, together with an abstract showing 
 perfect title in his name. 
 
 It was agreed further that his own cruisers should estimate the standing 
 timber thereon, and that all claims found unsatisfactory shoukl revert to me. Those 
 coming up to the standard he was to accept, at $9.50 an acre, the extra $1.50 an 
 acre to be paid upon completion of the contract. The latter was executed in du])li- 
 catc by Smith and myself, each retaining a copy. He thereu])on went with me to 
 Humboldt county, where he deposited $100,000 in the Ijank of Eureka, to be ex- 
 pended in fulfilling the provisions of the contract. He also left instructions with 
 the bank to draw upon him for any amount sufiicient to meet all deficiencies. 
 
 During the summer of 1901, while the transfers were being made to Smith. 
 he visited Eureka again, and while there entered into an oral agreement with me. 
 by which it was stipulated that I should secure all the available lands in the vicin- 
 ity of those contracted for, upon which I was to receive a commission of fifty 
 cents an acre. In other words, I was to purchase the lands at the lowest possible 
 figure, and he was to allow me this fifty cents an acre as a bonus. Settlement, 
 however, was not to be made with me until after he had acquired a perfect title 
 to the entire 17,000 acres. 
 
 I purchased 10.000 acres under this oral arrangement, and 13,500 acres 
 under the first or written contract. My failure to secure the full quota of 17,000 
 acres for him, in accordance with the provisions of the written contract, was on 
 account of several of those upon whom I relied selling out at a much higher figure 
 to somebody else. As I was personally acquainted with those who had given 
 options, and had the utmost confidence in their integrity, I had not insisted upon 
 reducing the options to writing, and when they sold to others, I was without re- 
 course, and consequently unable to deliver the lands. 
 
 It will be observed that under the terms of the written contract. I had stip- 
 ulated to deliver approximately 17,000 acres to him. It will likewise be noted that 
 I fell 3,500 acres short of this quantity. This shortage was not caused wholly b\" 
 the failure of some of the owners to live up to their verbal agreements with me, 
 but in part was on account of some of the tracts having defective title, and I knew 
 it would be useless to undertake to cure them. 
 
 Realizing the utter impossibility of securing a sufficient amount of land to 
 make up the 17,000 acres, and knowing that Smith had cruised the entire tract I 
 had given him, I called upon him in Minneapolis for the purpose of effecting a 
 settlement. 
 
 This he was apparently willing to do, but insisted that it should be "ac- 
 cording to written contract." It dawned upon me then that he was playing a hold- 
 up game with me. and that unless I was able to produce the recjuired 3.500 acres, I 
 would probably experience more or less difficulty in getting anything. After re- 
 maining in Minneapolis about three days, and perceiving the futility of staying 
 any longer, I returned to Eureka and sought my brother's legal advice in the mat- 
 ter. Upon examining the written contract, I was assured that Smith had all the 
 best of it, and for me to make the best settlement with him I could. 
 
 I thereupon proceeded to Portland, Oregon, where I called upon Fred A. 
 Kribs, who informed me that he was in receipt of a wire from Senator Mitchell. 
 in Washington, D. C. to the effect that patents were about to issue on the thirty- 
 three fraudulent claims in township 14 south, ranges 3 and 4 east. This gave me 
 an idea, and I lost no time in tetting Kribs know that it was my intention to go 
 to Washington immediately and file a protest against the issuance of patents on 
 the claims, and have them held in abeyance Until such time as Smith was willing 
 to do right by mc in connection with the Humboldt county lands. I declared that 
 
 Page 302 
 
Sample of redwood timber on the Vance property in 
 Humboldt County, California 
 
 unless fair treatment was accorded me in the matter, that I would have the entire 
 thirty-three entries cancelled. Kribs advised me not to proceed to Washington 
 without seeing Smith first, stating that he would write him immediately to settle 
 with me. As F. Pierce Mays was on the same train with me bovmd for Washing- 
 ton City, I accompanied him as far as Minneapolis. While enroute, I explained the 
 Smith deal to Mays, stating that it was my intention to stop off at Minneapolis 
 and endeavor to settle with Smith, and suggested to Mays that it would be a good 
 idea for him to see Commissioner Hermann as soon as he arrived in Washington, 
 and prevail upon the latter to suspend the issuance of patents to these lands until 
 such time as I made a settlement with Smith. Mays promised to see the Com- 
 missioner immediately upon arrival in Washington, and have Mr. Hermann hold 
 up the patents until Mays could hear from me. 
 
 Evidently, Kribs must have wired Smith to keep out of my way in Min- 
 neapolis until he would receive a letter, acquainting him with the facts. Smith 
 managed to evade me until the evening following my arrival in Minneapolis, 
 and might have kept out of my sight still longer had I not called upon him at his 
 residence, where I made an appointment to meet him the next morning at his office. 
 Here I found him willing to settle with me but upon a basis that would have left 
 me without a penny for my work. We held quite a heated discussion on the sub- 
 ject. Smith insisting on maintaining a position that made me feel as if I were 
 under deep obligations to him for retaining any portion of my scalp at all. He 
 would not, for a moment, take into consideration the admitted fact that he had 
 made a most excellent investment through me in connection with the Humboldt 
 county lands, but like Shy lock, insisted upon his pound of flesh. 
 
 It was not what he had already made through me that was worrying him ; 
 it was what he expected to gain, and this reflection was liable at an}' moment to 
 
 Page 303 
 
produce serious results in the vicinity of his car(hac res^ion. He argued, therefore, 
 that I should be only too glad to relinquish all claim to my commission on the 
 "written contract" lantls, amounting to $12,500. together with that on those em- 
 braced in the "oral contract." aggregating $5,000 more, or a total of $17,500. All 
 this money, according to the Smithsonian idea of equity, 1 should be overjoyed 
 to part with on condition that he reimburse me for the amount I ha<l already ex- 
 pended in securing the options under the "written contract," amounting to $10,- 
 467.45. 
 
 Smith's conditions, under which I might again enjoy possession of my own, 
 were not to my liking, but having in mind the advice given me by my brother, 
 when he pointed out that Smith had a legal right to insist upon my securing an 
 additional 3,500 acres for him, whatever the cost might be, and because of the 
 fact that I had an opportunity for immediate investment of the money where the 
 returns were almost certain to more than compensate me for all losses by this 
 transaction. I decided that it would be the part of good judgment to accede to his 
 terms, although I did not then let Smith know my intentions. 
 
 ]\fy object in discussing the matter with him at that time was to point out 
 the extent of his gain in his dealings with me. In this I succeeded, but not so 
 fully as desired. I likewise called his attention to the absurdity of the idea that 
 I could conform strictly to my obligations in regard to furnishing him with the 
 lacking 3.500 acres, as the larger portion of the lands I expected to secure for him, 
 embraced in the claims constituting the shortage, had been sold to some million- 
 aire lumbermen of Marrenette, Wisconsin, at prices ranging from $15 to $17 an 
 acre, while I had planned to get them for Smith at $9.50 an acre. These same 
 lumbermen refused $50 per acre immediately after purchase. All this he well 
 knew, but it was my object in presenting the facts to him anew in order to show 
 the impossibility of fulfilling my agreement with him. 
 
 Notwithstanding my arguments, he insisted that our settlement should be 
 upon the basis of his own ideas, so I informed him that my books indicated that he 
 owed me $10,467.45 for securing the options for him. These figures were dis- 
 puted M' Smith, but he was walling that I should go over the account with Charles 
 Trabert, his private secretary. 
 
 Two days were consumed in adjusting the account, and when the task wa.s- 
 completed, it was found that Smith owed me $54 more than I had asked him to 
 pay. It is noteworthy that when the situation dawned upon him, he hastened tO' 
 accept my original statement of account. 
 
 Before reaching a final settlement, I suggested that inasmuch as we had' 
 waived my claim to any fifty cents an acre commission, it was no more than right 
 that he should also reimburse me for all my personal expenses involved in the 
 deal, amounting to more than $2,000, and including several trips East ; something- 
 over a dozen different trips to Humboldt county, California, and livery hire, cov- 
 ering a period of more than a year, all of which had been devoted to Smith's in- 
 terests. 
 
 As usual, he declined to consider the proposition, but at this juncture I had 
 the good fortune to meet his friend, J. A. Bohn, of Minneapolis, to whom I re- 
 lated all the circumstances connected with the matter. Bohn had been a w^itness 
 to the amended "written contract," and was familiar with all the details. He lost 
 no time in telephoning to Smith, requesting him to call at his office, and upon his 
 arrival pleaded my cause with such earnest efifect that Smith finally — although 
 with great reluctance — yielded up his check for $1,000. This amount represents 
 all the money I ever received from C. A. Smith in the shape of compensation of 
 any sort for getting him 30,000 acres of valuable redwood timber lands in Hum- 
 boldt county, at a net cost to him of $9 an acre, after he had bamljoozled me out 
 of my fifty cents an acre commission ; and just how he figures out that he has lost 
 "between $150,000 and $200,000" in his operations with me is more than I can 
 comprehend, and I should feel greatly elated if he would undertake to explain his 
 system of calculation under oath, in order to show the public where he would land: 
 
 Page 304 
 
C A. §J<lt'lM1,ff.(»4HP:W*T 
 
 A. R. ROGERS, Vice Phlst. , .^ - i_i§.j^i^OJ^^QS^„T'< 
 
 ueo. H. ROGEgS, ^.^IJgjA^y. 
 
 ■'-^''lia^^-.' '4'; '•■'»'' 
 
 CfN'- OFFICE 
 ' uLS Af.O VARO 
 
 y///////^//v//y, ^/^///^an. 10/01. 
 
 ■jMrli.-t'..' 
 
 fe. R. V. Belt. ^ 
 
 1314 lOth.St.N.W. .Washington, D.c. 
 Dear Sir- 
 
 I take pleasure to' herewith introduce Mr. S.A.D. P-ater, Portland., 
 Oregon, who has come to Washington for the p\aa-pose of straightening up 
 and sec'Jiring patents to a lot of land in the Roseburg (Oregon) District, 
 in which I am interested, and wish yo'a woiild Kindly render him such servic- 
 es as you can in securing the patents for all of such lands as speedily 
 as possible, the lands in question are located in Townships 14 south, Ranges 
 2,3 and 4 East,Willaniette Meridian. 
 
 Yours truly, 
 
 C.A.nmith Lumber Co.,. 
 
 After Puter 's escape from Secret' Service Agent Burns in Boston 
 on the night of March 26th, 1906, C. A. Smith sought to make himself 
 "solid" with the Government by disclaiming any connection with the 
 ''King of the Land Fraud Eing. " In an interview with a Minneapolis 
 newspaper the next day, he declared that he had bought lands from Puter 
 in good faith without knowing anything about the fraudulent character of 
 the titles. If any question exists as to the close relationship between Smith 
 and Puter in regard to the fraudulent entries in Township 14 South, 
 Ranges 2-3-4 East, full particulars of which are furnished in a preceding 
 chapter, this letter of introduction given Puter by Smith to a prominent 
 attorney of Washington, D. C, will probably have a tendency to remove 
 all such doubt. 
 
 Page 305 
 
and where he would not be protected by the statute of Hmitations as in the case 
 of his other steals. This same land is today worth between ^7? and $100 an acre, 
 some of it being conservatively estimated at $130 an acre, and has proven an 
 excejitionally good investment, especially in view of the fact that the title has 
 been vested in Smith less than six years. 
 
 After giving me his check for the $1,000, I accompanied him to the office 
 of the C. .\. Smith Lumber Company, in Minneapolis, where 1 sup])Ose(l he would 
 further gladden my heart by forking over the $10,467.45. as agreed upon. Instead, 
 he tendered me what might be considered a due bill, a photographic copy of which 
 has been produced heretofore. 
 
 It will be seen from the foregoing that Smith agreed to ])ay me the amount 
 named, as per a certain contract, which was a modification of the original "written 
 contract." and in which there was a clause to the effect that I was to receive only 
 the actual cost (amount paid to secure options) of said lands to me. the same to be 
 paid when title thereto and "other lands in Oregon" was perfected. 
 
 I hesitated at first to accept this due bill, but having been advised by tele- 
 graph from my brother that title to all the California lands had been perfected, and 
 according to a wire that had just come to him from Washington, twenty-two of 
 the thirty-three patents to the Linn county, Oregon, tracts had been issued, and 
 the balance were being written up, I concluded that it would be only a matter of 
 a few days when I could collect on the paper, so decided to accept it. I thereupon 
 advised Mays by wire at Washington, D. C, to the eft'ect that settlement having 
 been made with Smith, it would be unnecessary for him to take further action in 
 the direction of holding up the patents. 
 
 After finishing with Smith, 1 informed him that I had business in Michigan, 
 and would return in about two weeks, at which time I expected the patents would 
 have issued, and I could stop off on my way West and exchange his paper for the 
 cash. On the date designated, I returned to Minneapolis and called upon Smith, 
 who informed me that notice had been received to the eft'ect that title had been 
 ])erfected to all Humboldt county lands, but that one patent was hanging fire on a 
 Linn county, Oregon timber entry. This represented the Josephine Jacobs claim, 
 which will be remembered as the Waterloo of Allie Houser. 
 
 I was considerably surprised when Smith told me about the holding up of 
 the patent to the Josephine Jacobs claim, but as patents to all the others had been 
 issued, and this was the only one concerning which there could be any question 
 between us, I offered to accept settlement upon the basis of a deduction of $800. 
 which represented the amount Smith had paid me for it. until such time as the 
 patent was granted, when he could reimburse me accordingly. 
 
 At the time of learning about the Josephine Jacobs claim being held up, 
 I had no knowledge of the cause, and naturally concluded that it was due to some 
 clerical error, and in making my proposition to Smith, that he retain the $800, 
 which I had already paid for the claim, I could not but believe that the offer was 
 fair, and would be just and equitable to all parties concerned. I also offered to 
 pay Smith interest on the sum in question from the date of investment, if he saw 
 fit to demand it, but he refused to entertain any proposition other than that I 
 should await the granting of this particular patent before I could have a cent of 
 the money which already belonged to me, and w hich I had expended for his per- 
 sonal benefit. 
 
 Seeing that I could do nothing with him, I returned to Oregon, and lost 
 no time in calling upon Fred A. Kribs, his agent there, who informed me that the 
 Josephine Jacobs claim had been suspended on account of the young woman being 
 under age at the time she filed on the land. I thereupon told Kribs that I would 
 have somebody else locate it in Smith's interest, afterward transferring the title 
 to him, but Kribs insisted that he would have John Givens, of Roseburg. attend 
 to it for me. so it was agreed between us that I would stand for any additional ex- 
 pense that might arise, to the extent of $150 which Kribs said it would all 
 amount to. 
 
 Page 306 
 
C. A. Smith, the millionaire lumberman of Minneapolis, Minn., upon whom has 
 fallen Puter's mantle as "King of the Oregon Land Fraud Ring" 
 
'!?IS?9N- T. 
 
 Cy\.5MiTH Lumber ^0. 
 
 Lath & ^H' ^ 
 
 m- 
 
 t*" »vi i«o«m» tT«OAi.t 
 
 7)uliitft{ 
 
 C^Mmpt/u:^^^^^ O^n 
 
 July 26/00. 
 
 Mr. S. A. D. Puter. 
 
 Portland, Ore. 
 Dear Sir- 
 
 You will reraember at ci-ifferent times we talKed about tne twenty 
 four claims that the Northern Pacific contested, and wnicn they were per- 
 TQttted to take and that you would sectire these claims rrorn them. 
 
 Has not the time come for you to take action in this matter? More 
 than three months have passed since the contests, and suppose that the time 
 is nearing when patents will be issued. 
 
 Should think the proper was to do would be to go to the Nor.Pac.and 
 buy them off. You probably would have to also open. up negotiations with 
 them for the balance of their timber on Rock Creek. If I rememoer cor- 
 rectly they have one Town' fairly golidC 14-2, if. I remember correctly.) 
 
 Yours ti-uly, 
 
 C.A.smith Ltimber Co., 
 
 ^^^ 
 
 At the tiiiu' of tlio coiujiromisc between Putor and the Northern 
 Pacific in connection with the contests concerning the 57 entries in Tp. 14 
 S., R. 2-3-4 E., particulars of which arc given in Chapter 3, the railway 
 corporation agreed to sell the twenty-four claims that fell to it at a reason- 
 able figure, and this was what Smith had reference to when he wrote the 
 foregoing. His letter, in fact, was a gentle reminder for Puter to get busy. 
 
 Page 308 
 
" Bull donkey" in operation at the landing on the Vance property in Humboldt 
 
 County, California. The logs are hauled two miles from the timber 
 
 by process of steel cables, and then transported by logging 
 
 train to the sawmill at Eureka, 20 miles distant 
 
 Givens was then notified of conditions, and made arrangements with AlHe 
 Houser to file upon the claim, which was deeded over to Smith immediately after 
 the final proof had been made. 
 
 About three months later I decided to call upon Smith once more, this time 
 explaining to him all the particulars connected with the Allie Houser substitution, 
 but he was as obstinate as ever, and declared that he would not deal with me upon 
 any basis whatever until the last patent was in his hands. 
 
 I then offered to accept $8,000 in cash, allowing him to retain the $2,467.43 
 until the issuance of the Allie Houser patent, when he could deduct also the 
 $150 extra that was paid out by Kribs, but he likewise scorned this proposition, 
 according me the same cold-blooded turn-down I had received in all my efforts 
 to effect a legitimate settlement with him. 
 
 It is evident from Smith's demeanor that he was then preparing to swindle 
 me out of my just dues, or planning in some way to keep me out of my money 
 indefinitely. The Allie Houser claim had just been filed, and in the natural order 
 of things, no patent could issue for months to come, and if necessary to carry out 
 his scheme of deferring payment, he could take advantage of the situation to pre- 
 vent the issuance of patent indefinitely, as under the terms of our agreement, 
 he was not obliged to pay any part of the amount coming to me until after final 
 title had issued to all the lands involved. 
 
 I thereupon returned to Eureka, Cal., and instructed my brother to 
 immediately bring an action against Smith for the recovery of my money. A 
 few months later, learning that he was in San Francisco, I notified my brother, 
 and through Attorney Frank J. McGowan, of San Francisco, we succeeded 
 
 Page 309 
 
'■ Sftf,';'* '>.«■»*.<'•' 
 
 •i ROGERS. V 
 
 • :,6&'.*r'f?^'JS9rW< T»t*M>«t" 
 
 ^^ LUM'hgles 
 
 BER(20. 
 
 'Z^^/^//^iii^(^^^2^ (.^y^/^, 
 
 '''•San. Ifi/Ol. 
 
 Mr. S. A. D. Puter. 
 
 Milwaukee ,Wis. 
 
 Dear Sir- 
 
 I have just wired you to Washington, caxe of Raleigh Hotel, 
 
 "Fred thinks breakers are cleared away and everything will be all right!' 
 
 this on the strength of a telegram Just received frorahira, stating that 
 
 he is assured that everything will be all right, and presume that he Knows 
 
 what he is talking about. I also received a telegram from him dated day 
 
 before yesterday, reading, 
 
 "Have known standing two weeks and retained two parties to make 
 •proper arrangements, if possible. Steve can do nothing there, but 
 "should see entremen and have them make proper affidavits when 
 "agent asks for them. Have matters well in hand. Nelson and Eddy 
 "only people to pull out matters to head off hearing." 
 
 I have all confidence now that Fred is satisfied that this matter 
 
 will come out all right. It might necessitate someone ffoing to Washington 
 
 again very shortly. Of course I do not know what arrangement Fred refers 
 
 to. I received yow letter of Tuesday, also your telegram of yesterday. 
 
 Hope everything will come out all right. The Bank has already telegraphed 
 
 for ths funds, so I presume that matters are working in Humboldt Co. 
 
 Yours truly, 
 
 C . A . Snvtjh Lurn]j>fer /C 0<', 
 
 Above is the fac simile of a letter written I'liter by Smith relative 
 to the thirty-three fraudulent timber claims in Tp. 14 S.. E". 2-3-4 E. Kribs 
 is the person spoken of as "Fred." and the Nelson and Eddy mentioned in 
 the telegram are the two United States Senators from Minnesota. The 
 "two parties" alluded to by Kribs were Special Agents Stratford and Wil 
 son. whose "pro]>er arrangements" consisted in securing false affidavits 
 from as many of the entrymen as possible. 
 
 Page 310 
 
3S..^f^S^8s< 
 
 Cy\c)MIT|l|UMBER(^0. 
 
 Lath &5H__ 
 
 VtJr. S.A.D.Puter. 
 
 Milwaukee, Wis. 
 
 Dear Sir- 
 
 I am in receipt of yours of the i7th. I notice you say you will 
 
 stay in Washington until. Monday. I have just wired you, 
 
 "Do not take this matter up with Nelson or Eddy vmder any cir- 
 "cumstances without my seeing them first," 
 
 which I herewith wish to confirm. 
 
 Of course, upon receipt of this you will probably have left Washington 
 for good this trip. 
 
 Nelson and Eddy would not in all probability do anything for you or 
 at your request without first being requested by me or some of their con- 
 stituents from this state to do so, either personally or in writing, and 
 nope that you have not gone too far with them. 
 
 Yours truly, 
 
 C.A.Smith Lumber Co/C? 
 
 ^^-^^£1/- 
 
 Shortly before the above ktter was written. Smith had advised Puter, 
 who was preparing to go to Washington, D. C, from Minneapolis, to call on 
 United States Senators Nelson and Eddy, of Minnesota, with a view of 
 getting them to assist in having the patents expedited to the entries in 
 Township 14 S., Eanges 2-3-4 E. The telegram received by Smith from 
 Kribs, as shown on the opj^osite page, had changed the complexion of 
 things, however, hence Smith preferred to see the two Senators personally, 
 as he recognized that they were the only ones who could render any ma- 
 terial assistance in the matter, and was afraid to take chances on anj'body 
 else acting as his agent. 
 
in securing personal service 
 of the complaint upon 
 the Minneapolis millionaire 
 lumberman, who was stoj)- 
 piiii^ at the St. Francis 
 hotel without registering on 
 purpose to prevent me from 
 obtaining a legal hold upon 
 my own money. As a blutl . 
 he made answer through 
 counsel, at the same time 
 filing a cross-complaint, in 
 the effort to prolong the 
 proceedings as much as 
 possible and eventually beat 
 me out of the money 
 altogether. 
 
 How I finally scared 
 the rascal into submission 
 is fully described in a pre- 
 ceding chapter, and I leave 
 my readers to judge for 
 themselves whether or not 
 I was justified in adopting 
 such stringent measures, 
 a nd a 1 s o t h e extent o f 
 Smith's alleged "losses" in 
 his dealings with me, as re- 
 ferred to in the course of 
 his false statement to the 
 Minneapolis Journal. 
 
 As a matter of fact. 
 
 The Sequoia's last stand 
 
 Smith has been involved with the Government upon numerous occasions, running- 
 through a long course of years, on account of his covetous proclivities, and he 
 seems to be imbued with shoplifting instincts wherever the public lands 
 or timber are concerned. He has been fined repeatedly for his offenses 
 throughout the States of Minnesota, Wisconsin and Michigan, and has upon more 
 than one occasion undertaken to make scapegoats out of some unfortunate em- 
 ployes instead of shouldering the blame himself, as any honorable man should. 
 
 While the Government found it inexpedient to indict Smith on account 
 of his connection with the Oregon land frauds, by reason of the statute of 
 limitations running against the crimes, he failed to escape that easily in Minne- 
 sota, although it does not appear that his illegal operations in the Middle West 
 were any comparison to what he was guilty of in Oregon. There is presented 
 on page 313 the record of an indictment that was returned against Smith by the 
 Federal Grand Jury at St. Paul, Minn., in 1901. 
 
 Some sort of settlement was arranged with the Government by Smith, in 
 connection with this indictment, whereby he paid all costs and hushed the matter 
 up with as little publicity as possible. 
 
 Shortly after I first became acquainted with him, on his invitation, 1 
 accompanied Smith to St. Paul, where there was a case pending in the Federal 
 Court against him for cutting green timber on an Indian reservation, where 
 his permit called for the cutting of "down" or "dead" timber only. He was rep- 
 resented by leading counsels of Minneapolis and St. Paul in this case, which had 
 been pending against him for several years. A verdict for a large amount — 
 somewhere in the neighborhood of $50,000 or $60.000 — was returned against 
 Smith, which he promptly paid, remarking at the same time to friends that he was 
 
 Page 312 
 
No. 2855. 
 
 DISTRICT COURT OF THE UNITED STATES. 
 
 The United States, 
 
 vs. Indictment, Sec. 2461, R. S. 
 
 Charles A. Smith. 
 
 A TRUE BILL. 
 (Signed) ELMER E. ADAMS, 
 
 Foreman. 
 Filed May 16th, 1901. 
 
 ROBERT G. EVANS, 
 
 U. S. Attorney. 
 
 United States of America, ) 
 
 > ss: 
 5th Diy. District of Minnesota.) 
 
 In the District Court of the United States, in and for the Division and District afore- 
 said, at the May Term thereof, A. D. 1901. 
 
 The Grand Jurors of the United States, impaneled, sworn, and charged at the Term 
 aforesaid, of the Court aforesaid, on their oath present, that heretofore, to-wit: on the 31st 
 day of January, A. D. 1899, in the County of Cass, in the State and District of Minnesota, 
 and within the jurisdiction of this court, one Charles A. Smith, late of said district, then 
 and there being, did wrongfully and unlawfully cut from and cause and procure to be cut 
 from and remove, and cause and procure to be removed from certain lands then and there 
 owned by and the property of the United States of America, which said lands are dis- 
 cribed as follows, to-wit: 
 
 Lot 5, Section 8, Township 137, North. Eange 30 West, the Southwest Quarter of 
 the Northwest Quarter, and the Northwest Quarter of the Southwest Quarter, and the 
 Southwest Quarter of the Southwest Quarter, and the Southeast Quarter of Section 8, 
 Township 137 North, Eange 30 West, said lands being then and there situate in said 
 County of Cass, in the State and District of Minnesota, a large number of white pine and 
 Norway trees, to-wit: 10 white pine trees from said Lot 5, Section 8, Township 137 N. 
 Range 30 West, 89 Norway pine trees from the Southwest Quarter of the Northwest 
 Quarter of Section 8, Township 137 North, Range 30 West, 84 Norway pine trees from the 
 Northwest Quarter of the Southwest Quarter of Section 8, Township 137 North, Range 
 30 West, 87 Norway pine trees from the Southwest Quarter of the Southwest Quarter of 
 Section 8, Township 137 North, Range 30 West, and 500 Norway pine trees from the 
 Southeast quarter of said Sectiofi 8, in Township 137 North, Range 30 West, which said 
 trees were of the aggregate value of Five Hundred and Seventy-Seven Dollars and Fifty 
 Cents ($577.50), all of which said trees were then and there growing upon the land herein- 
 before described, with the intent then and there had and entertained by him, the said 
 Charles A. Smith, to use and employ said trees in a manner other than for the use of the 
 navy of the United States of America, to-wit: with the intent to use and employ said trees 
 for his, the said Charles A. Smith 's private use and benefit, contrary to the form of the 
 statute in such case made and provided, and against the peace and dignity of the United 
 States. (Signed). 
 
 MILTON D. PLTIDY, Assistant United States Attorney. 
 
 Names of witnesses examined before the Grand Jury: 
 
 A. D. Thorpe, M. D. Taylor, M. H. Craig, J. P. Leef, D. J. Jones. 
 
 United States of America, ) 
 District of Minnesota, ^ ss. 
 Third Division. ) 
 
 _ I, CHARLES L. SPENCER, Clerk of the United States District Court, for the 
 District of Minnesota, do hereby certify that I have carefully compared the copy, attached 
 to this certificate, with its original, which is in my custody as such Clerk, and that the 
 said copy is a full, true and correct transcript from such original and of the whole thereof, 
 and of the endorsements thereon. 
 
 IN TESTIMONY WHEREOF, I have hereunto set my official signature as the 
 Clerk aforesaid and affixed the seal of said Court at St. Paul in the Third Division of 
 said District this 30th day of December, A. D. 1904. 
 
 (Seal) (Signed) CHARLES L. SPENCER. Clerk. 
 
 U. S. District Court 
 Seal, 
 Third Division, 
 Dist. of Minnesota. 
 
 Page 313 
 
gettini:^ oft" easily, as he had had the use of the money involved in the stolen 
 tiniher for a sufficient lenj;th of time to more than reimburse him for the outlay. 
 
 There is also a record of a proceeding in the United States Circuit 
 Court for the District of Minnesota, 4th Division, wherein a Minneapolis Court 
 imposed a fine of $3,244.12 against the C. A. Smith Lumber Company a few 
 years ago on account of a flagrant timber trespass, and this fine was likewise 
 paid without much ceremony. 
 
 If I felt so inclined I could tlig uj) innumerable instances where the 
 avariciousness of this would-be saint has played an important j^art in the drama 
 of depredation, but 1 think enough has already been presented to more than sat- 
 isfy any unbiased mind that Smith was sim])ly ])laying to the galleries when he 
 undertook to set himself upon a pedestal of righteousness in the course of his 
 interview with the Minneapolis Journal. 
 
 Instead of being a loser to the extent of $150,000 or $200,000, through 
 his dealings with me, Smith has profited to the extent of several millions, and 
 had he not been so greedy, and overcome with the idea of preventing me from 
 making a small commission, he would have been millions of dollars better ofif still. 
 
 The happy family 
 
 Page 314 
 
Chapter XX 
 
 A fezv pertinent facts coiuiectcd zcitli Oregon State School Lands, ivhich have 
 a tendency to tlirozv considerable light on the inner zeor kings of one 
 system of plunder slightly out of the ordinary — Indemnity selections are 
 shozvn to be a favorite method of operation, and the "School Land Ring' 
 comes in for its share of attention — Governor Pennoyer's heart and the 
 State Treasury are touched simultaneously by a clever ruse, zvherein a 
 bum actor plays a leading part — Hozv the Hyde-Benson gang stole a 
 march on the Oregon "Push,'' and got azvay zvith 40,000 acres of lieu in 
 the Cascade Forest Reserve under their eyes, causing much zvailing and 
 gnashing of teeth among the "faithful" — Ex-Governor Gecr looms up in 
 the land fraud limelight — The election of Governor Chamberlain marks 
 the dozvnfall of the School Land sharks, and Oszvald West earns an en- 
 viable reputation as State Land Agent — Puter's explanation of the State 
 Indictments against him. 
 
 IN the coitrse of my twenty years' experience connected with the public domain 
 of Oregon, I have devoted considerable attention to handling State School 
 and Indemnity Lands. School Lands comprise the 16th and 36th sections 
 of every township, while the State indemnity lands embrace those tracts selected 
 in lieu of the school sections. That is to say, where the State loses any portion 
 of a 16th or 36th section., by reason of appropriation before survey by a claimant 
 under the United States laws, or any other process, it is entitled to select an 
 equivalent area in lieu thereof. Lender the "Donation Claim," Homestead and 
 Pre-emption laws, actual settlers were permitted to perfect title to school sections 
 after survey, and in consequence, nearly all the 16th and 36th sections in the 
 Willamette, Umpqua and Rogue River valleys have been acquired in this manner. 
 The State Land Office of Oregon, as at present constituted, was created 
 by an Act of the Legislature in 1887, at which time the Secretary of State 
 ceased to be the keeper of its records, an officer technically known as the "Clerk 
 of the Board of Commissioners for the Sale of School and University Lands," 
 being made the practical head of the institution. Now the law creating the office 
 of Clerk of the State Board made him the keeper of its records, the conductor 
 of its correspondence, and rec[uired him to give bonds, as well as subscribe to 
 an oath to "faithfully perform the duties of his office;" and while the Act of 
 1887 did not specifically require the Clerk of the Board to furnish basis for lieu 
 land applicants, it was evidently within the purview of the law that he should 
 answer such questions as might be put to him concerning matters of record in 
 his office by persons wishing to purchase lands from the State. So, as a matter 
 of fact, the law of 1887 demanded that the applicant to purchase lieu land 
 should "state in his application designating the loss to the State the 16th and 36th 
 section or fractional township in lieu of which the land is to be taken." In 
 other words, he could not buy any indemnity land until he had named its 
 base, and as no citizen of the State, with the exception of the Clerk, was 
 accorded access to these records, they had no way of ascertaining where a 
 deficit existed. 
 
 For several years following the passage of the Act of 1887, there was a 
 great deal of speculation in lands, and especially in connection with fine tracts 
 of Oregon timber. Timber land could be obtained under the Act of June 3, 1878, 
 at $2.50 an acre, but the price of the same character of lands purchased from the 
 State was ec[uivalent to but one-half that amount, and in addition, the applicant 
 
 Page 315 
 
was peniiittcd to jnircliasc 320 acres, as a.i^ainst 160 acres under the Timber 
 and Stone Act of the L'nited States, and allowed deferred payments besides. Such 
 advantage naturally amounted to a q;reat inducement to buy from the State. The 
 School Land Commissioners consisted of the (Governor, Secretary of State and 
 State Treasurer. The price of State Lands is fi.xed by leg^islative enactment. 
 
 In 1890, learning- that a -jjreat many different tracts were being selected 
 by the State as indenmity. and afterwards transferred to timber land operators, 
 1 concluded to make a trip to the State Land Office at Salem with a view of 
 ascertaining the methods of ac(|uiring title under the State indemnity laws. .\t 
 that time the School Land P)oard consisted of Governor Sylvester Pennoyer, 
 Secretary of State George W. ]\lcP)ride (later elected L^nited States Senator 
 from Oregon), and State Treasurer G. W. Webb. Napoleon Davis was chief 
 clerk of the Land Otiice. Upon inquiry, I found out that all persons over the 
 age of 18, married or single, and residents of the State of Oregon, who had not 
 already exhausted their right to take up school lands, were entitled to make 
 application for 320 acres, and receive a certificate of purchase upon payment 
 of one-third the purchase price of $1.25 an acre. The deferred payments were 
 provided for in the shape of two notes, payable in one and two years respectively, 
 and drawing" 10 per cent interest per annum. 
 
 The form of application was very brief, the only requirements being that 
 the ajjplicant should state in the affidavit that he was over the age of 18 and a 
 citizen of the United States ; that the proposed purchase was for his own benefit, 
 and not for the purpose of speculation; that he had not directly or indirectly 
 made any previous purchase of land from the State of the kind described, nor 
 had any one for him, w'hich, together with that sought to be purchased, exceeds 
 320 acres ; that he had made no contract or agreement, expressed or implied, for 
 the sale or disposition of the land applied for, in case he was permitted to pur- 
 chase the same, and that there was no valid claim thereto. The applicant was not 
 required to inspect the land, nor appear at the land office. Under powers of 
 attorney, any number of applications could be filed by one person, who would be 
 entitled to receipt for the certificates of purchase or deeds to the various tracts 
 in the name of the original applicant. A blank assignment accompanied each 
 certificate of purchase, allowing the applicant to assign to whomsoever he 
 chose, and this assignee could get a deed from the State in his own name the 
 same as though he were the original purchaser. 
 
 By this process, several thousand acres could be secured by one person. 
 The system looked good to me, so I concluded to round up a lot of applicants 
 accordingly, and have them make blank assignments to me of all their interests 
 in the lands, in order that the deeds could be issued directly to me in due time. 
 Napoleon Davis, the Clerk of the Board, had educated me to a certain extent 
 relative to the manner of procedure in acquiring title to these lands the first day 
 I made his acquaintance, but he had failed to teach me fully upon the subject. 
 I labored under the impression that in applying; for an indemnity State selection, 
 all that was necessary would be to hand in the applications to the Clerk of the 
 Land Board and he would supply whatever basis was required. Much to my 
 surprise, when I appeared before him w^ith ten applications embracing 320 acres 
 each, I was met w^ith the assurance from Mr. Davis that it would be necessary 
 for me to designate the basis myself. I had already paid $25 to each applicant 
 for his right, and therefore felt considerably upset when met with this proposi- 
 tion, as I did not know how or where to find the necessary basis any more than 
 the man in the moon. 
 
 At this point Davis kindly came to my rescue by informing me that one 
 E. P. McCornack, of Salem, was engaged in the business of furnishing basis for 
 selections of this character, and that for a certain consideration, I could have 
 all I wanted. It seems McCornack was Davis' predecessor, having held the 
 position of Clerk of the Land Board from ]\Iarch 15. 1878, to January 31, 1887, 
 and during that period had made hay while the sun shone, as he possessed a set 
 
 Page 316 
 
of records exhibiting a full and complete list of all indemnity due the State 
 from the United States by reason of loss to the school sections in various town- 
 ships. Upon inquiry, McCornack informed me that his charges for this "lieu" 
 was $1.25 an acre, making the cost of State selections under the indemnity system 
 $2.50 an acre. The whole thing impressed me as a graft, pure and simple, with 
 Napoleon Davis standing in with McCornack on the deal ; but as I wanted the 
 lands, I paid the extra $1.25 an acre without murmuring, and was given the cer- 
 tificates of purchase by McCornack after the selections had been made through 
 him. 
 
 This system of procuring timber lands worked like a charm, from a finan- 
 cial point of view as well as avoiding the possibility of contact with the Govern- 
 ment in connection with the Homestead, Pre-emption, or Timber and Stone Acts, 
 notwithstanding the fact that I felt I had been gulled by McCornack. Before 
 leaving his office I ascertained that the latter held a close monopoly upon all the 
 available base in the State, and that it was useless to try and do business along 
 those lines without paying his toll. In this he was greatly aided by Clerk Davis, 
 who insisted that, inasmuch as he had kept no records of the indemnity lands, he had 
 no idea as to the quantity thereof due the State by the Government. This seemed 
 rather "raw" to me, so I determined to make a personal examination of the 
 records with a view of ascertaining how much base was left. 
 
 Within a very short time I unearthed several thousand acres of available 
 base in the Klamath Indian Reservation. Securing enough applications to cover 
 this amount, I designated it as the basis of my selections, and requested Clerk 
 Davis to file my applications. At this I was met by his assurance that while the 
 base indicated had not been used, there were a sufficient number of applications 
 on file in the office to exhaust the same. Upon examining the applications in 
 question, I discovered that they were mere "dummy" applications filed by Alc- 
 Cornack to cover up the base. Going still further into the matter, I ascertained 
 that McCornack had been playing this game since the Act of 1887 was passed, 
 practically running the State Land Office of Oregon in pretty much the same 
 fashion as that pursued by Hyde and Benson with the State Land Office of 
 California. It appeared that Davis was a mere tool in the hands of McCornack. 
 
 So many complaints came to the Land Board about Davis, in fact, that on 
 on August 1, 1891, he was removed from office, and George W. Davis appointed 
 to the vacancy. Just before being ovisted, however. Napoleon Davis persuaded 
 the State Land Board to issue an order requiring all applicants for unsurveyed 
 school sections to deposit with the Clerk of the Land Office one-third of the 
 purchase price on agricultural lands, and one-half on timber lands. At that 
 time there were applications of this character on file aggregating fully 200,000 
 acres, upon which no cash deposit had been made. Immediately after the Board 
 had made this order, Davis notified all applicants to either pay up within thirty 
 days or else sufl:'er the cancellation of their applications. The result was that 
 upward of $100,000 was deposited with the clerk within the period specified. 
 This money was not deposited in the State Treasury, however, as the law provides, 
 but instead was transferred to McCornack's private bank in Salem, Davis giving 
 his personal receipt therefor. 
 
 Upon his retirement as Clerk of the Land Board, Napoleon Davis estab- 
 lished an office in McCornack's bank, and acted as attorney for the applicants, 
 securing the issuance of deeds and certificates from the State for considerable 
 land. As I had filed some forty or fifty applications myself on unsurveyed 
 School tracts, and being desirous of procuring title to them, I consulted Napoleon 
 Davis relative to his charges on each quarter section, and was assured that it 
 would amount to $10 in each case. Regarding this as another hold-up proposi- 
 tion, I concluded to see George W. Davis, and endeavor to obtain title without the 
 aid of Napoleon. The Clerk of the Land Board declined to have anything to do 
 with the applications, claiming that Napoleon was attending to them, and that I 
 would have to deal with him. After negotiating with the latter for quite a while. 
 
 Page 317 
 
Ex- United States Senator George W. McBride, of Oregon 
 
in the endeavor to induce him to take my cases at half price, or $5 per quarter 
 section, and faihng to do so, I called upon Secretary of State George W McBride, 
 and explained the situation to him. No sooner had McBride become aware of 
 what was going on than he sent for Clerk Davis and demanded an explanation, 
 with the result that it was ascertained that certificates and deeds had, without 
 authority, been issued by the State to fully 20,000 acres of unsurveyed school 
 lands. The Secretary of State thereupon laid the matter before the next meeting 
 of the School Land Board, and in consequence an order was made by that body 
 instructing the Clerk not to issue any more titles of this character. This ruling 
 proved disastrous not only to Napoleon Davis, but to myself, as it prohibited me 
 from obtaining this prima facie evidence of title to about 8,000 acres of unsur- 
 veyed school lands, besides cutting Napoleon Davis out of his graft in the shape 
 of" $10 fees. 
 
 At all events, the remaining applications together with the money depositetl 
 thereon, continued in the possession of Napoleon Davis, who seemed to have 
 been well-named, so far as his financial ability was concerned. When the land 
 upon which these applications had been filed were surveyed by the Government, 
 it was found in almost every instance that there was an actual settler upon each 
 tract of school land, and as these claimants, under the United States laws had a 
 preference right for ninety days after the approval of the survey in which to ini- 
 tiate their claims, the State applicant was left out in the cold, and whatever titles 
 were procured through Napoleon Davis were absolutely valueless. All the applicant 
 could do under the circumstances was to surrender his receipt to the Clerk of the 
 Land Board, who would refund the amount paid thereon, while those who had 
 failed to secure certificates were obliged to look to Napoleon Davis for their 
 money. A large percentage of this money remained in McCornack's bank for a 
 number of years, and I venture that several thousand dollars are still there, for 
 the reason that the applicant had either left the country or lost his receipt. Their 
 applications, never having been filed in the State Land Office, were without legal 
 standing, consequently the only available recourse for the applicant placed in 
 this position was to quietly submit to the loss of his money. 
 
 Li a preceding chapter mention is made of the fact that during the Winter 
 and Spring of 1891 and 1892, Willard N. Jones and myself undertook to make an 
 abstract of the State indemnity lands with a view of determining the amount of 
 basis the State was yet entitled to. The idea occurred to us at that time, because 
 of the removal of Napoleon Davis from office, and the appointment of George W. 
 Davis to succeed him, that the latter, being unacquainted with the duties of the 
 office, would be an easy mark. We reasoned that there was a chance for us to get 
 in and break up McCornack's monopoly on the sale of State Ueu. Our deductions 
 proved correct, as we won George W. Davis over in short order by agreeing to 
 whack up with him on the commissions derived from the sale of this basis. In 
 consequence Napoleon Davis and McCornack were shut out completely from gain- 
 ing control of any new basis that had not already been gobbled up by them. 
 
 Our work in this connection occupied something like three months, during 
 which period we made a complete search of the State Land Office records. This 
 investigation revealed the fact that shortly after the Act of 1887 went into efifect, 
 the Umatilla Indian Reservation was thrown open for the selection of basis, 
 and 16,980.03 acres had been used therein; that in 1888 the Klamath Reservation 
 was ready, and the lieu sharks got 63.011.94 acres from that source; in 1889 the 
 Grand Ronde Reservation afforded them 6,065.14 acres more, and in the same 
 year the Siletz Reservation became ripe, with an additional 10.864.14 acres. 
 Then in 1891 the Warm Springs Reservation yielded- 36,643.66 acres, making 
 in the aggregate the snug amount of 133,564.91 acres of basis, for which lieu 
 land purchasers were mulcted to the probable extent of $250,000 for services 
 which under the present management of State lands wovild not have cost them a 
 cent, according to the first biennial report of State Land Agent T. W. Davenport, 
 made in 1897 to W. P. Lord, Governor of Oregon. 
 
 Page 319 
 
There were other sources of basis than those already referred to, being 
 deficits in fractional townships, filings that had been made under the Donation, 
 Homestead and Pre-emption Acts, where settlers had c^one onto the school sec- 
 tions prior to survey of the township, amounting- practically to 20,000 acres, and 
 making a grand total of fully 150,000 acres in round numbers. 
 
 After an exhaustive research, Jones and myself managed to find about 
 10,000 acres of base that had been overlooked. It consisted principally of frac- 
 tions ranging from 10 to 100 acres in different sections and townships. There 
 were probably 40.000 acres of the 150.000 acres remaining for use by the State, 
 but as McCornack had "dummy" applications on file in the State Land Ofiice 
 covering the whole, noljody but himself was entitled to use it. according to the 
 peculiar regulations then in force. Whenever anybody wanted to make an 
 indemnity State selection, he was compelled to pay tribute to McCornack to the 
 extent of from $1.25 to $2.50 an acre, according to quantity desired, and in this 
 manner the lieu land shark profited to the extent of about $250,000. 
 
 Tones and I continued to deal in State indemnity until friction arose be- 
 tween us. and we dissolved partnership. The trouble was caused by Jones 
 insisting on paying Clerk Davis 50 cents an acre on all lands selected by us. He 
 had conceived the idea that there were great possibilities of securing large 
 quantities of additional base through the creation of new reservations within 
 the State, and by taking Davis in as a full-fledged partner, we could monopolize 
 the whole indemnity land business, thus shutting out McCornack, Jack D'Arcy 
 and W. T. Rader completely, they being the only ones aside from ourselves opera- 
 ting in State lieu lands. I objected to paying Davis such a large commission, 
 and besides 1 considered it rather doubtful about our ability to shut McCornack 
 out. To adopt such a course, in my judgment, was liable to result in shutting 
 us all out of the State Land Office, as the others were not likely to quietly submit 
 to any such proposition. Jones, however, did not agree with me, and declared 
 that rather than jeopardize his personal interests, he would prefer to go it alone. 
 The fact of the matter is. that Jones simply adopted this as a subterfuge to get 
 rid of me. as himself and Davis had a clear-cut understanding that when this 
 was done they would operate together independently of me. 
 
 From this time on I had to fight for everything I wanted to get through 
 the State Land Office, as Davis blocked me at every possible turn. However. I 
 managed to hold my own, and succeeded in getting away with most of the basis 
 in cases where homestead and pre-emption filings had been made on school 
 sections. As a great many settlers had located on these tracts before survey, I 
 generally kept a close tab on the surveys, and as soon as the township was thrown 
 open to entry, would make it my business to see that the settler filed either a 
 homestead or pre-emption on his claim. As soon as this was done, the State 
 was intitled to indemnity for the loss thus sustained. 
 
 The rule in vogue at the State Land Office in those days was that the first 
 applicant for this base was entitled to its use. The information that the base was 
 subject to use usually came in the form of a telegram from the local United 
 States Land Office where the homestead or pre-emption claim had been filed. 
 This system resulted in much confusion, there always being considerable rivalry 
 to see who was entitled to use the base. By way of illustration. 1 w^ill cite an 
 instance to show how the thing w-as worked. 
 
 When the time came for certain townships to be throwMi open for entry, I 
 would arrange with some local attorney in the district where the land was situa- 
 ted to attend to the filing of the different claims. After doing so he would im- 
 mediately wire me at Salem the particular tract covered by the homesteader or 
 pre-emption claim. There were always a lot of land attorneys hanging arountl 
 the various United States Land Ofiices, and some of them w^ould have a similar 
 arrangement with Jack D'Arcy and McCornack. one of whom would be stationed 
 at the telegraph ofiice in Salem awaiting the notice. As a rule D'Arcy would post 
 himself in the Western Union Office, while I patronized the Pacific-Postal. At 
 
 Page 320 
 
that time William Dumars, who is now superintendent of the Western Union at 
 Sacramento, California, was the manager for the same institution at Salem, and 
 likewise chief operator. 
 
 The messages announcing the filings were sent in duplicate from the local 
 land office, as the Register, before whom the filings were made, would imme- 
 diately after swearing the entryman to the filing papers give a copy of the tele- 
 gram to the representative of each contending faction, which was the signal for 
 a wild scramble for the telegraph offices. For some reason or other, D'Arcy 
 generally managed to get his dispatch a few seconds ahead of rrlfe. I have always 
 fancied that it was because Dumars was a better operator than his competitor, 
 and handled the message faster. At any rate, it gave D'Arcy a good lead, and as 
 we usually secured the fleetest saddle-horses in town and our course led through 
 the main street from the two telegraph offices to the State Capitol building, about 
 one mile distant, it was better than the Suburban or Brooklyn Handicap to watch 
 the outcome. Each contest of this character involved a stake of from $1,000 to 
 $3,000, as there were always from four to eight entries made at the same time in 
 the United States Land Office. As we would race at breakneck speed through 
 the principal streets, we could perceive frightened faces peering from behind the 
 window curtains of the residences passed in our mad flight, the inmates evidently 
 suspecting that a raid had been made upon Ladd & Bush's bank, and that the 
 robbers were making their escape to the mountains. Although D'Arcy usually 
 got the start of me I generall}' beat him to the office, but it was frequently nip 
 and tuck all the way. 
 
 Obtaining title to timber land under the school indemnity system became 
 more popular as its merits were made known, consequently this kind of basis 
 was soon in great demand. The forest reserve lieu land Act had not then gone 
 into effect, and as Valentine Scrip, Sioux half-breed scrip, and military bounty 
 and land warrants of every description were held at prohibitive figures, the fact 
 that the State lieu selections could be made at such a comparatively low price, 
 and answered the same purpose, appealed to those who wished to secure large 
 bodies of timber throughout Oregon. In addition to its right to select lands in 
 lieu of tracts lost in the difl'erent Indian reservations, lakes, rivers, fractional 
 townships, and homestead and pre-emption filings on school sections before sur- 
 vey, the State was granted indemnity for school sections shown to be mineral in 
 character, even though they had not been returned as such at the time of the 
 approval of the official survey of the township by the United States Surveyor- 
 General. 
 
 Grasping this phase of the situation, I obtained authority from the State 
 Land Board to adjudicate on a number of school sections in Eastern Oregon at 
 my own expense wath a view of determining the mineral character thereof, it 
 being understood that I was to be allowed the use of the basis on all such sections 
 that I succeeded in having returned as mineral. The process of determining 
 the mineral character of these lands, in vogue with the General Land 
 Office, contemplated the posting of notices upon each legal subdivision of the 
 ground ; the insertion of an advertisement for a period of thirty days in some 
 paper nearest the land to the effect that a hearing was to be held before the 
 United States Land Office on a certain date for the purpose of determining the 
 mineral character of the land, and the sworn testimony of two or more competent 
 witnesses that they had been acquainted with the tract prior to survey, and knew 
 that it was mineral in character. After this evidence had been passed upon by 
 the Register and Receiver it was transmitted to the Commissioner of the General 
 Land Office at Washington, D. C, and if he considered the evidence sufficiently 
 competent to sustain the mineral claim, the lands selected in lieu thereof could 
 be listed to the State. This adjudicating process proved to be a successful ven- 
 ture, from a financial standpoint, as it cost but twenty-five cents an acre, while 
 the basis was worth from $1.25 to $2 per acre. As the school sections thus 
 acted upon were invariably utterly worthless for any purpose, and it was hardly 
 
 Page 321 
 
likely that tlicv would ever be ajiplied for. the State jjrofited g^reatly by the 
 exehanj^e, and as usual the Government got the worst of it. During the two 
 years that I was engaged in the business of adjudicating these mineral lands, I 
 succeeded in having about 40,000 acres so returned, while W. T. Rader got 
 through about 30.000 acres in the same way. 
 
 There was such a demand for school land base at that time that every 
 available acre was exhausted, and those engaged in the business were put to 
 their wit's end to supply more lieu. The "School Land Ring," composed of 
 McCornack. D'Art:y, Rader, Jones and myself, finally conceived the idea of estab- 
 lishing an immense forest reserve in the Cascade range of mountains, upon the 
 theory that the State would be entitled to indemnity for all the unsurveyed school 
 sections within the limits of the proposed reserve. Acting upon this belief, a 
 fund of about $1400 was subscribed by those interested, which was to be devoted 
 to the expenses incident to preliminary steps. We had an elaborate map made 
 of the country that was proposed to be withdrawn, indicating that its boundaries 
 extended along the Cascade range from one end of the State to the other, and 
 embraced a strip about 30 or 40 miles in width. This map indicated that there 
 were fully 195,000 acres of unsurveyed school sections within the proposed 
 reserve, for which the State would be entitled to indemnity. 
 
 We then engaged the services of Will G. Steel, of Portland, giving 
 him the map and all other data at our command, and started him back to Wash- 
 ington for the purpose of promoting the establishment of the reserve. He was 
 successful in the undertaking, and we soon had the satisfaction of knowing 
 that the now famous Cascade Poorest Reserve was upon a firm basis. Our attor- 
 ney in Washington kept us apprised of the situation, and we were notified fully 
 ten days in advance that it was President Cleveland's intention to sign the proc- 
 lamation creating the reserve. We took advantage of this information to procure 
 enough "dummy" applications to cover every available school section within the 
 reserve, and these we were prepared to file with the Clerk of the Land Board as 
 soon as we received word that the President had signed the proclamation. Upon 
 receipt of this intelligence by wire, the Clerk of the Land Board submitted a 
 selection list of a few hundred acres to Governor Pennoyer as a "feeler," but he 
 had been laying for us, and refused absolutely to sign the list, at the same time 
 notifying Clerk Davis not to receive or file a single application for any tract 
 based upon Cascade Forest Reserve indemnity, and stating further that it was 
 his intention to have a bill introduced before the next Legislature raising the 
 price of all school indemnity lands to $10 an acre. 
 
 The vigorous stand taken by the executive was a body blow to the school 
 land ring, for we had figured upon making an enormous "killing" in connection 
 with the sale of the 195.000 acres of base existing within the limits of the proposed 
 reserve, there being a profit of from $1.50 to $2.50 an acre thereon. However, we 
 did not lose all hope, but concluded to wait a few months until the Legislature 
 met. when we could resort to the same methods that had so often proven suc- 
 cessful upon former occasions — work the "third house" for all it was worth 
 in the effort to prevent any change in the price of school indemnity lands. 
 
 Pennoyer's term as Governor expired in January. 1895, and in his final 
 message to the Legislature, he made a strong plea for his pet measure. The 
 school land ring attended the session of lawmakers in a body, and exerted every 
 efifort to defeat any bill afifecting prices of these lands to our detriment. Several 
 measures were introduced, raising the price all the way from $5 to $10 an acre, 
 but the ring succeeded in holding the price down to $2.50 an acre, provided for in 
 a bill introduced by the late John D. Daly, Surveyor-General for Oregon at the 
 time of his death recently. 
 
 It was at this session that the ofiice of State Land Agent was created. The 
 reorganized State Land Board consisted of Governor William P. Lord. Secretary 
 of State H. R. Kincaid and State Treasurer Philip ]\Ietschan. Sr. Ex-State Sen- 
 ator T. W. Davenport, of Silverton, (father of Homer Davenport, the noted 
 
 Page 322 
 
T. W. Davenport, who earned an enviable reputation as State 
 
 Land Agent of Oregon. Mr. Davenport is father of 
 
 Homer Davenport, the celebrated cartoonist 
 
cartoonist), was named as State Land At^^ent. He was one of the early settlers 
 of Oregon, had occupied many prominent positions of trust, was known as a 
 man of strict integrity, and as one of the most upright in the State. No sooner 
 had he entered upon the duties of his office, than he proceeded to make selections 
 of land in lieu of the school sections emhraced in the newly-created Cascade 
 Forest Reserve. There was a provision in the Daly law that all land in lieu of 
 sections 16 and 36 should be withdrawn from sale for a period of two years, and 
 by a singular oversight, the Legislature failed to make any appropriation for 
 meeting the expenses of the Land Board. This left the Land Agent without any 
 salary or traveling expenses necessary in perfecting title to State indemnity 
 selections. 
 
 This fact did not deter Mr. Davenport from performing his duties, how- 
 ever. The educational interests of the State were at stake, and as neither the 
 Governor, Secretary of State nor any other official had the power to reimburse 
 him for any outlay, Davenport conceived an idea of his own on the subject. He 
 secured the adoption of a rule by the State Land Board to the eflfect that those 
 making State indemnity selections should forward their applications to the Land 
 Agent, designating the tract desired, accompanied by a fee of fifty cents an acre, 
 together with $2 on each quarter section as fees at the United States Land Office, 
 it being stipulated that the Agent should make the selection and at the expiration 
 of two years, the time fixed by law, the applicant should have a preference right 
 to purchase the land. 
 
 Pursuant to this decision by the State Board, a printed circular of instruc- 
 tions was issued, and sent broadcast throughout the State, notifying those inter- 
 ested of the conditions. The scheme succeeded beyond all expectation, and appli- 
 cations for indemnity lands kept pouring in from all directions. There was soon 
 sufficient funds on hand to meet whatever expense attached to making the selec- 
 tions, besides enough to pay the salary of the Land Agent, the intention of the 
 latter being to have the next Legislature make an appropriation reimbursing him 
 for his expenditures, and providing for the disposition of the funds in his hands. 
 
 Although the action of the State Land Board in thus making provision 
 for correcting the omissions of the Legislature was surrounded with the best of 
 intentions, it soon became apparent that it likewdse created a golden opportunity 
 for the school land ring to take advantage of its salient features. This was ac- 
 complished by process of "dummy" applications for desirable tracts of timber in 
 difi"erent portions of the State, these selections being filed with the Land Agent, 
 who would hold them in abeyance until the expiration of the two years, when the 
 selections could be approved. As the Daly law had doubled the price of State 
 School lands, it might be inferred that there was not much in it for the ring, but 
 it must be considered that in the meantime there had been a great increase in the 
 value of Oregon timber lands, and this more than compensated us for the 
 difference. 
 
 Approximately, the ring selected 40,000 acres, and the State Land Agent 
 probably 25,000 acres more, while some 30,000 acres were required to amend the 
 basis of other selections that had previously been made under the Napoleon Davis 
 and George W. Davis regimes, w^herein the basis proved defective. In other 
 words, the State had given certificates and deeds to tracts where the basis was 
 bad, and these had fallen into the hands of innocent purchasers, making it incum- 
 bent upon the State to cure the titles. 
 
 When I first began dealing in State lands, I paid $25 to each person for 
 his right in making application for 320 acres. As I became more accustomed to 
 the business, however, and learned more about the methods of those who had 
 made a study of the subject, I gradually lowered the price, until finally I could 
 obtain all the "dummies" I wanted for a glass of beer. It became the custom of 
 the ring to extend little courtesies to the various members by "borrowing" these 
 applications — which were signed and acknowledged before a notary in blank — so 
 that whenever one ran short, and had a hurry order for a piece of land, all that 
 
 Page 32i 
 
was necessary was to fill in the description of land, and the task was completed. 
 
 The system adopted by the ring to secure applicants for these indemnity 
 lands, or any school section, for that matter, was rather unique. We would go 
 to some saloon around town, and after treating all hands a few times, would get 
 them to sign up a bunch of applications and assignments in blank, and it was no 
 material difference whether they signed their correct names or not, so long as 
 a signature of some sort was in evidence. We would then take the papers to a 
 convenient notary public, who would affix his jurat without the necessity of the 
 applicant being present. The ruling rate for acknowledgments of this character 
 was fifty cents, but once in a while we would come across a thin-skinned notary 
 who would demand $2.50 as a balm to his conscience. They were quite rare, 
 however. 
 
 At the expiration of the two years, certificates of purchase were issued on 
 the lands selected in the interest of "the gang." and handed over to whomsoever 
 appeared upon record as attorney or agent for the applicant. As assignments had 
 previously been procured, in the manner designated, all that was necessary was 
 to fill in the description of the land to correspond with that embraced in the State 
 certificate. It was an easy matter for us to transfer the title at some later date 
 to whomsoever we chose, who in turn could surrender the documents to the Clerk 
 of the Land Board, and by paying up the balance due the State on the land, 
 would receive a deed in his own name as if he were the original purchaser. It 
 will thus be seen that one person could secure deeds to thousands of acres, or 
 such quantities of land as he had assignments for. 
 
 Of the 40,000 acres of mineral sections that I had adjudicated, 12,000 
 acres were rejected by the General Land Office, and as my certificates were about 
 to be cancelled by the School Board, I engaged the law firm of Baron & Ward, of 
 Portland, to represent me at the proceedings, with a view of securing such action 
 that would permit me to substitute base from the Cascade Forest Reserve. My 
 petition was turned down upon the ground that as I was the attorney for the 
 different applicants, and had adjudicated upon the mineral lands myself, it was 
 my place to find new base outside the Cascade Reserve. It was also alleged that 
 all selections in lieu of the Cascade Reserve were fixed at $2.50 an acre, while the 
 selections in question were under the old law at $1.25 an acre. 
 
 As my attorneys failed to accomplish results, I called upon "Old Pard" 
 Mays to see if he had any suggestions to offer. He advised me that under the 
 circumstances I should employ someone with sufficient influence with Governor 
 Lord to induce him to sign the list, and recommended Joseph Simon, of Portland 
 — afterwards elected United States Senator from Oregon — as a proper person 
 for the undertaking. Taking his advice, I called upon Mr. Simon, to whom I 
 explained the situation fully, showing how my selections were about to be can- 
 celed, and that inasmuch as the State was entitled to fully 100,000 acres of avail- 
 able base in the Cascade Forest Reserve, it was no more than right for the Gov- 
 ernor to permit me to amend the selections with base from that source. 
 
 My actions must have impressed Mr. Simon with the idea that I was seek- 
 ing to secure his services more on account of his influence with Governor Lord 
 than anything else, as he promptly declined to interest himself in the matter, 
 notwithstanding that I off'ered him a fee of $2,500 if he would secure the ap- 
 proval of the 12,000 acres embraced in my. selections. Subsequently the State 
 Land Board, recognizing the justice of my claim, approved the selections upon 
 their merits, after I had personally filed a su^^plemental petition, without the aid 
 of any attorney, but the episode is significant as revealing the character of the 
 man. Rather than participate in any transaction involving the slightest semblance 
 of moral turpitude, Mr. Simon preferred to forfeit a fat fee, and in view of my 
 experience with others along similar lines, I felt that here was one lawyer re- 
 mindful of an oasis in the desert. 
 
 During the five years' administration of George W. Davis as Clerk of the 
 Land Board, many controversies arose between the various members of the gang 
 
 Page 325 
 
Ex-United States Senator Joseph Simon, of Oregon 
 
engaged in dealing in school land base. Throughout 1893-4, W. N. Jones, Rader 
 and Clerk Davis were in cahoots, while McCornack and D'Arcy operated together. 
 I preferred to go it alone. The Jones-Rader-Davis combination tried to 
 hog the game, and in consequence, frequent disputes were aired before the 
 School Land Board, which had the effect of often causing that body to shut down 
 on all of us. Their action in this respect would last for a few months, when wc 
 would patch the matter up with some' scheme or other, and aft'airs would run 
 along smoothly for a while until there was another row in camp, when there 
 would be a repetition of the quarantine process. 
 
 Pending one of these wrangles, in which Governor Pennoyer had refused 
 absolutely to recede from the ruling of the Land Board, I resolved to overcome 
 his stubbornness by resorting to some clever subterfuge, and the scheme worked 
 like a charm. Realizing that the Governor, while exceedingly firm in his convic- 
 tions, and austere in manner, was a man of deep sympathies, I concluded that the 
 best way to secure his favorable action was by playing upon this chord of his 
 nature rather than attempt to appeal to the cold equities of the case. He was in 
 a position to waive aside all consideration of equity, and interpret the regulations 
 of the Land Board pretty much as he saw fit, but when it came to a question of 
 sentiment, I knew that the rugged old fellow had a soft spot in his heart that 
 might be touched by some shaft of pathos. 
 
 Actuated by this instinct, I sought the North End precincts of Portland, 
 and was fortunate in securing the co-operation of a cheap variety actor, who 
 entered heartily into the scheme. Arraying this individual in an old dilapidated 
 pair of overalls and ragged jumper, with a straw hat that had seen better days, 
 and everything else to correspond, by the aid of some lamp black and other 
 stage-like processes, I soon had him in shape to carry my plans into execution. 
 Equipped with dinner pail and a look of the utmost despair and abject misery, 
 and bearing the appearance of a typical woodchopper, my actor friend stationed 
 himself at the foot of Montgomery street, near the Governor's sawmill, and calmly 
 awaited developments. It was the custom of Governor Pennoyer to devote con- 
 siderable attention to his lumbering interests whenever he was away from the 
 seat of State government in Salem, and upon such occasion was in the habit of 
 remaining at his sawmill until about 5 o'clock when he would proceed homeward. 
 
 In a voice husky with well-feigned emotion, and with tears taking their 
 pathetic course down his weatherbeaten countenance, the pseudo woodchopper 
 upon intercepting the Governor, proceeded to unfold a tale that would have moved 
 a graven image. 
 
 "Behold in me a victim of bitter fate !" he pleaded. 'T am the owner of an 
 humble homestead claim in a heavily-timbered tract that has appealed to the 
 covetous eyes of the merciless landgrabber. See before you the father of nine 
 motherless children, weeping out in the woods all alone for their devoted father, 
 of whose tender care they are bereft in order that the immutable laws of a great 
 government might be satisfied. By the force of cruel circumstances, I am obliged 
 to remain away from them weeks at a time in order to earn my daily bread and 
 keep the hungry wolf from the lonely doors of my loved ones. I am told that 
 all this can be overcome through your Excellency, and that by relinquishing my 
 homestead filing, I shall be permitted to make a State lieu selection of the tract, 
 and thus avoid the necessity of compliance with the harsh measures incident to 
 residence thereon." 
 
 Evidently Governor Pennoyer was touched deeply by this pathetic appeal, 
 as after listening to the assumed woodchopper's harrowing tale of woe, he patted 
 him sympathetically upon the shoulder and assured him that he would do all in 
 his power to relieve conditions. As a matter of fact, the land in question was 
 still vacant, unappropriated land belonging to the Government, but as soon as I 
 ascertained that the Governor was disposed to make exception to the strict ruling 
 of the State Land Board in this particular case, I lost no time in taking the 
 alleged woodchopper to the Oregon City Land Office and having him make 
 
 Page 327 
 
homestead entry of the piece desired. We then proceeded to Salem, where the 
 claim was relinquished, and immediately thereafter selected as indemnity land. 
 
 The selection list is made out in triplicate form on large sheets of paper, 
 capable of embracing several thousand acres, and it was the practice for the at- 
 torney for each apj)licant to attend to this feature by designating the land to be 
 selected, together with its basis, after which the Clerk of the Land Board would 
 secure the Governor's signature to the list and then transmit it to the local Land 
 Office of the district where the tract was situated. The facts connected with the 
 Governor's promise to the supposed woodchopper being presented to him, he 
 promptly attached his signature to the list containing this single selection of 160 
 acres. Thereupon the entire land ring brigade got busy, and when the list left 
 the hands of the Clerk of the State Land Board, it represented an application for 
 more than 16.000 acres. This scoop more than repaid us for the trouble and ex- 
 pense we had undergone in promoting the creation of the reserve. 
 
 The principal grounds upon which the Board based its objections to sign- 
 ing the selection list, was because some member of the ring would cause a selec- 
 tion to be made covering a large tract of timber in a township that had just been 
 surveyed, in which there were settlers who desired to make homestead filings. 
 When a new township is thus thrown open to entry, it is always an easy matter 
 to get the selection list into the hands of the Register of the Land Office ahead of 
 the homesteaders, as we generally had the list mailed the day before, which would 
 bring it to the attention of the Land Office officials on the morning that filings 
 were receivable, thus giving the State a huge preference. The homesteader as a 
 rule would thereupon appeal to the State Land Board for redress, which he 
 generally got, and the selection list would have to be amended. These contests 
 often resulted in the Board declining to sign any more lists until such time as 
 some scheme of the character indicated was worked upon them. Under the law. 
 settlers upon lands in an unsurveyed township have ninety days in which to file 
 their claims at the local United States Land Office. Oftentimes we were able to 
 blufif them out on account of possessing the State title, but as a general thing, 
 whenever there was any interference of this sort, the Governor protected the 
 settler as much as possible in his holdings. 
 
 During the term in office of T. W. Davenport, there was no dissatisfac- 
 tion, as Mr. Davenport favored one no more than the other. He was of a differ- 
 ent type to those preceding him in the State Land Office, being courteous and 
 obliging to all. and strictly honest and on the square in doing his duty as an 
 officer of the .State, notwithstanding the many inducements held out to him by 
 members of the School Land Ring. 
 
 During the administration of Geo. W. Davis, there was a deficit in the 
 School Land fund amounting to something like $31,000. The supposition is 
 that Davis, who was on very friendly terms with Rader. issued certificates of 
 purchase to several thousand acres of indemnity land without receiving any 
 money thereon, the understanding being, that when Rader made sale of the land, 
 he was to divide the i)r()fits with Davis, at which time the latter would credit the 
 school fund the amount due on the jnuxhase price. In the meantime. Rader. in 
 company with four Eastern cajjitalists. went into the timber in Clatsop County 
 for the purpose of examining a tract of land. About two weeks later the entire 
 party was found dead in camp, the supposition being that they fell victims to 
 the poisonous efifects of eating canned goods. As no record had been kept in the 
 State Land Office showing to whom certificates of purchase were issued, and as 
 Rader had possession of the papers, Davis had no way of getting hold of them. 
 For obvious reasons, he was afraid to exjxise the deficiency alluded \.o, conse- 
 quently he manipulated the cash entries in such manner that for three or four 
 years it was not discovered. Upon its exjiosure, however. Davis absconded, and 
 has never been punished. 
 
 The State began an action against E. P. IMcCornack and George G. Bing- 
 ham, of Salem, to recover $5,000, the amount of surety as bondsmen for the 
 
 Page 328 
 
defaulter, but lost the suit by reason of the statute of limitations having run 
 against the claim. George VV. Davis was removed from office on August 1, 1895, 
 and W. H. Odell appointed to fill the vacancy. 
 
 During the latter's administration of afi^airs — covering a period from the 
 date of his commission until January 1, 1900 — there were comparatively few 
 transactions connected with indemnity lands, as by this time the basis had prac- 
 tically become exhausted, and what little was left was handled exclusively by 
 the State Land Agent. The ring, however, continued to deal in the 16th and 
 36th sections, whenever opportunity -offered, as the latter class of lands remained 
 at $2.50 an acre. This condition of aft'airs continued until sometime in 1898. when 
 we all awoke to a realization that we were not half so smart as we thought we 
 were. It appears that there were still some 44.000 acres of unsold surveyed State 
 school sections within the limits of the Cascade Forest Reserve, which had been 
 established September 28, 1893. After the passage of the lieu land Act of June 
 4, 1897, it was thought that the State had no power to make selections using as 
 base the unsold surveyed portions of the 16th and 36th sections embraced in a 
 forest reserve. So firmly was this idea fixed in the minds of the State officers 
 in fact, that at the instance of T. W. Davenport, State Land Agent, United 
 States Senator George W. McBride (former Secretary of State for Oregon) had 
 introduced a bill in Congress granting the State such a privilege. 
 
 It was at this juncture that F. A. Hyde and John A. Benson, the Califor- 
 nia operators who have long enjoyed a complete monopoly of indemnity land 
 business in that State, and who are now on trial in Washington, D. C, for their 
 part in fraudulent land transactions, conceived the idea of invading Oregon in 
 search of pastures new. In 1898 Hyde came to Portland personally, accom- 
 panied by one Joost H. Schneider, a sort of "Man Friday" for the California 
 schemer, whom he sent to Salem to do a little missionary work. One day 
 Schneider appeared at the State Land office in Salem with an innocent-appearing 
 application, calling for the purchase of a half-section of school land in the 
 Cascade Forest Reserve. Meeting with no opposition to its filing, and having 
 received the deed from the State, Schneider took his departure, but in a few days 
 returned, armed with a sufficient number of similar applications to cover 44,000 
 acres, or practically every foot of vacant State school land left in the reserve. 
 
 As may be surmised, there was general commotion in the State Land 
 Office when the full force of this contemplated raid dawned upon the State 
 authorities. G. G. Brown, at that time a deputy under Odell, and at present 
 Clerk of the State Land Board, was in the office when this incident occurred, 
 and objected to filing such a large number of applications calling for such a vast 
 quantity of school land, and summoned Mr. Davenport into consultation with 
 him upon the subject. The latter likewise demurred to such a proceeding, but 
 Hyde's agent was not to be denied, citing the filing of the single application 
 heretofore referred to as a precedent to sustain his contentions, and insisted 
 that, inasmvich as the lands were for sale, and the applications in proper form, 
 they should be accepted and deeds issued accordingly. He accentuated this 
 request by tendering the full purchase price of the lands, and demanded the 
 deeds on pain of a suit against the State in case of refusal. Under these circum- 
 stances, the applications were accepted and deeds issued, conveying to the firm 
 of San Francisco grabbers an immense domain, for which the State received 
 $1.25 an acre, or approximately $50,000. It developed afterwards that Hyde 
 and Benson, through Schneider, had secured "dummies"' in Portland and vicini- 
 ty to make the filings, and this feature of the proceedings is embodied in one of 
 the counts in the indictment against them charging them with conspiracy to 
 defraud the United States of its public lands, it being alleged that the base thus 
 fraudulently obtained was used in the selection of other tracts belonging to the 
 Government, under the Act of June 4, 1897, as the lands purchased from the 
 State at the time indicated were later conveyed to the Government in exchange 
 for other lands. 
 
 Page 329 
 
To say that the ( )regon school land riii}^ was sore when it found out the 
 artistic manner in which it had been done up, would be putting it mildly. They 
 saw in the transaction the dissipation of a bright dream of wealth, because the 
 la'nds were purchased from the State at $1.25 an acre and converted immediately 
 into forest reserve scrip, which then had a market value of at least $5.50 an acre, 
 making the net profits of these frenzied financiers fully $150,000 from this one 
 deal alone. 
 
 On Januarv 1. 1900. jM. L. Chamberlain succeeded General Odell as Clerk 
 of the State Land Office, his appointment dating from the time that T. T. Geer 
 was inaugurated as Governor. F. I. Dunbar was Secretary of State and Charles 
 S. Moore. State Treasurer during the Geer administration, and L. B. Geer, the 
 Governor's half-brother, was named as State Land Agent to succeed T. \\'. 
 Daven]:)ort. 
 
 During the period that Odell served as Clerk of the Land Office, although 
 he had been afforded no opportunity for participating in any of the deals of the 
 ring, he had not been idle, and in one way or another had discovered that there 
 were splendid chances for making considerable money through State indemnity 
 base. Actuated by this idea, he lost no time in inducing Governor Geer to ap- 
 ])oint him an assistant to the State Land Agent, clothing him with full authority 
 to deal in this commodity. General Odell was given desk room in the office of 
 State Land Agent L. B. Geer, and the two entered into the "base" business with 
 a vengeance. Intrenched behind a show of official recognition, Odell advertised 
 extensively that he had an unlimited quantity of base for sale at $1.50 an acre. 
 Desirous of selecting a tract of timber land containing 640 acres, and learning 
 that State Land Agent L. B. Geer had several thousand acres of available school 
 indemnity base, I applied to him accordingly, and was assured by Mr. Geer that 
 he would furnish the base at the price indicated. I to pay the State for the land 
 embraced in the selection. In conformity with this arrangement, I paid State 
 Land Agent Geer $960, taking his receipt therefor, and filed my applications with 
 Clerk M. L. Chamberlain, at the same time depositing with the latter the twenty 
 per cent requisite on the purchase price of the land. In a few days the certificates 
 were sent to me, indicating that the selections had been approved by the local 
 United States Land Office. 
 
 It was soon apparent that the business being conducted by State Land 
 Agent Geer and General Odell was well-named. Never before in the history of 
 the State had such base methods been adopted as those resorted to by this pair. 
 It was a case of where "base met base," and, as usual, the public got the 
 worst of it. Inasmuch as I had put in several years dealing in State basis, and 
 was well posted regarding the quantity of indemnity to which the State was still 
 entitled, it puzzled me to imagine how I could have overlooked the basis desig- 
 nated by Geer in the selection of my land. However, as he was the Agent of 
 the State, and with Odell had made a careful search of the records, I felt no 
 apprehension on the subject, and besides reasoned that on account of his official 
 position, in case the selection failed to pass muster in the General Land Office, it 
 would be amended. 
 
 In a few months it developed that the list containing my selections had 
 been rejected by the Commissioner on the ground that the base named therein, 
 wath the exception of forty acres, had already been used years previously. Upon 
 learning this fact. I insisted that Geer should substitute new base, and was in- 
 formed that there was none available, the supply having already been exhausted. 
 I thereujion demanded the return of my money, which was also refused, and in 
 order to protect my selections, I was obliged to substitute base purchased from 
 other dealers, at an expense of $4 per acre, and have never to this day been 
 reimbursed in the amount I was flim-flammed out of by Geer, all of which he 
 had converted to his own use. General Odell later went into the adjudicating 
 business in Eastern Oregon lands, and w^ould have succeeded in having several 
 thousand acres adjudged as mineral were it not for the fact that in his greed to 
 
 Page 330 
 
Ex-Governor T. T. Geer, of Oregon 
 
,q;obble up everythini*- in sight, he fell (Idwii on the whole. It came about in this 
 way: Odell had contracted with a couple of fellows to do the adjudicating for 
 him on the basis of ten cents an acre for all lands in which sufficient evidence 
 was produced to declare it mineral in character. Rader and myself, as hereto- 
 fore indicated, had already adjudicated every school section in that i)art of the 
 State, but this did not deter Odell from operating along similar lines. His 
 agents were therefore instructed to adjudicate everything left, no matter whether 
 the section was vacant or belonged to somebody else. There was where he 
 made a serious mistake, for no sooner had his agents advertised that adjudica- 
 tions were to be made on certain school sections already sold by the State, than 
 there was a howl of disapproval from the owners. 
 
 Thev appeared at the Land Office on the date set for the hearing, and 
 after listening to the perjured testimony being introduced to show that their 
 holdings were mineral in character, immediately entered a vigorous protest with 
 the Commissioner of the General Land Office, which resulted in knocking the 
 adjudicating business into smithereens, but not, however, before the State had 
 selected some 73.000 acres based upon this fraudulent mineral base, and had 
 given deeds to the purchasers. Had Odell and L. B. Geer omitted the tracts 
 that had been sold previously by the State to settlers and stockmen, there is no 
 telling how much they would have gotten away with, as their agents were work- 
 ing overtime for the ten cents an acre commission, and everything was grist that 
 came to their mill. 
 
 Shortly after L. U. Geer was apj^ointed State Land Agent, he was allowed 
 additional clerks to assist in determining the quantity of base the State was en- 
 titled to. This information- he used for his own personal benefit, and as General 
 Odell had been given a desk in his office, all those making inquiry concerning 
 indemnity selections were referred to him, and he would thereupon supply the 
 base, exacting a fee of $L50 an acre for his services. Thousands of dollars were 
 thus paid to Odell for information that required but a moment to furnish, and 
 which should have been given by the State Land Agent, as the State had gone 
 to the expense of having the search of the records made that revealed the exist- 
 ence of this base. As a matter of fact, the two were working hand in glove, and 
 the whole thing was a sort of "wheel within a wheel" proposition. 
 
 While Odell and Geer were thus holding a monopoly on the disposition 
 of all State base, I learned of two sections of school land located in the mineral 
 belt of Southern Oregon, and called upon Governor Geer for authority to ad- 
 judicate them as mineral. The Governor informed me that I would have to 
 see L. B. Geer, as he was attending to that branch of the business. The latter 
 passed me back to the Governor, who in turn referred me to Odell, w-ho told me 
 in plain English, that as he had undertaken to adjudicate the mineral character 
 of the various school sections east of the Cascade Range, he did not propose to 
 permit me to interfere with his prerogative. 
 
 Returning to the Governor once more, I assured him that the two sections 
 T had under consideration did not conflict with any sacred territory and that if 
 he would grant me the privilege of doing the work, I would willingly deposit 
 the requisite fifty cents per acre and have the selections made, with the under- 
 standing that the certificates of purchase were not to be issued until the basis 
 was approved by the Land Department ; and if I failed to satisfy the demands of 
 the Government in this respect, that the amount of my deposit should be re- 
 funded. Governor Geer pulled in his horns at this suggestion, and resorted to 
 his threadbare method of referring me to the State Land Agent, wdiich was 
 equivalent to sending me U])on an endless chain journey. 
 
 I reminded them both how certificates of purchase to thousands of acres 
 were being issued to Odell long before he had even commenced the adjudication 
 of basis, and as my proposition was perfectly fair, and the State did not stand 
 to lose anything, nor was I interfering with the game of Odell and L. B. Geer, 
 that I ought to be granted the privilege. ]\Iy ]iloa<lings were in vain, however. 
 
 Page 332 
 
The official pet of Gibsonville 
 Sierra County, California 
 
 and I had to give it up as a bad job. It was then that I felt that I was undergo- 
 ing my first experience of being shut out of the State Land Office entirely, so far 
 as any further dealing in State indemnity basis was concerned. The combination 
 of Governor, State Land Agent and "King Pin" Odell was too much for me, and 
 I was obliged to submit to the inevitable. 
 
 Odell and the State Land Agent continued to do a flourishing business in 
 the matter of making selections based upon alleged mineral land, and secured 
 the issuance of certificates of purchase to something like 70,000 acres of this 
 character, besides about 20,000 acres that were selected upon other base. 
 
 In due course of time, every acre thus selected by them was rejected by 
 the Commissioner of the General Land Office, but in the meantime the firm of 
 Odell & Geer had received pay for the basis,' which was the main point with them. 
 In each instance the State was given 90 days in which to file an amended list, and 
 Odell would take advantage of this by rigging up some sort of an appeal that 
 answered the purpose of delaying further proceedings, and preventing the actual 
 cancellation of the selections. The purchaser, or holder of certificate, to the 
 suspended selection was kept in entire ignorance of the situation, and was per- 
 mitted to know nothing about the sword that was hanging over his title, unless, 
 perchance, he found it out through the local United States Land Office. This 
 condition of things did not deter the pair from keeping right along with their 
 bunco game, however, and as M. L. Chamberlain, Chief Clerk of the Land Office 
 
 Page 333 
 
was nicrclv a fii;urclica<l, so far as knowledge of his duties went, this sort of 
 thing was kept up all through the administration of Governor Gecr. and there 
 was no attempt at sujjpression of the evils until George E. Chamberlain was 
 elected Governor. 
 
 Ciovernor Chamberlain had held office but a few months when he saw that 
 matters were very much in need of adjustment in the State Land Office, and on 
 April 1 of that year, appointed George G. Brown as Clerk of the State Land 
 Board, and on September 30 following, named Oswald West as State Land 
 Agent. The latter was not only a young man of strict integrity, but was also 
 well qualified, through long connection with the Ladd & Bush bank, of Salem, to 
 introduce business principles in the conduct of affairs in connection with his 
 duties. 
 
 West soon familiarized himself with conditions, and learning that thous- 
 ands of acres of indenmity selections with defective base, which had been .sold 
 by the State to innocent purchasers, were subject to cancellation by reason of 
 these irregularities, he proceeded to take steps to protect those who had bought 
 the lands in good faith from the State. As there were no authentic records in 
 the Land Office to show the exact situation, the newly-appointed Land Agent 
 made a complete abstract exhibiting the status of affairs, from which it was as- 
 certained that the State w^as still entitled to about 8,000 acres of indemnity from 
 the United States. This base was worth $5 an acre in the open market, but in- 
 stead of disposing of it in that manner, West used it, so far as it went, in amend- 
 ing the basis of those selections wdiere it was demonstrated the applicants had 
 acted in good faith. 
 
 When West reported his findings to Governor Chamberlain, showing how 
 Odell and Geer had selected 73,500 acres on mineral base, out of wdiich only 
 about 1.000 acres had been clear listed by the General Land Office, and that 
 13,500 acres of their selections on other base had likewise been rejected, he was 
 directed to set an investigation on foot for the purpose of finding out the exact 
 status of these selections, with the result that the State reimbursed those who 
 bad made purchases in good faith through the instrumentality of Odell and Geer 
 to the extent of $142,000. The General Land Office having rejected the 87,000 
 acres of mineral and other indemnity selections made by them, with the exception 
 of the 1,000 acres indicated, the State has made repayment on 78.000 acres, 
 leaving an area of 8.000 acres yet to be repaid on. The amount refunded applied 
 only to the purchase price of the lands, and does not represent any portion of 
 the commissions charged by the firm as a bonus for inserting the base, all of 
 which the applicants lost in consequence of their dealings with the two rogues. 
 After getting the matter of rejected State indemnity selections w-ell in 
 hand. State Land Agent Oswald West turned his attention to the investigation 
 of the alleged frauds in the purchase of school lands. In going through the 
 files containing the applications to purchase, which covered the undeeded tracts, 
 West found a large number of applications bearing signatures which, in his 
 opinion, were forgeries, and he thereupon reported the facts to Governor Cham- 
 berlain. Acting under executive instructions, John H. McNary, District Attorney 
 of Alarion County, Oregon, on August 12, 1905, filed informations charging 
 H. H. Turner, a Salem notary public, and A. T. Kelliher. a wealthy land specu- 
 lator of Mimiesota, with forgery, and the grand jury later indicted them for the 
 off'ense. When their case came to trial. Turner turned State's evidence, and the 
 indictment against him was dismissed on motion of the district attorney, because 
 Kelliher's attorneys objected to his testifying until a dismissal was entered. He 
 confessed having forged practically all the signatures to applications covering 
 about 60,000 acres of school lands, upon which his name appeared as notary. 
 Kelliher stood trial and was convicted by a jury, January 4, 1906, and was sen- 
 tenced four days later to five years in the State penitentiary at Salem. From this 
 judgment he appealed to the State Supreme Court, which reversed the verdict, 
 and the defendant ultimately escaped punishment. 
 
 Page 334 
 
George E. Chamberlain, the Democratic Governor of Republican Oregon, who has saved 
 
 the State many thousands of dollars by his reform methods of 
 
 dealing with the school land problems 
 
The two men were accused of operating- in a systematic manner in their 
 efforts to acquire title to large tracts of State school lands, but their eagerness 
 to grab everything in sight was the cause of their downfall. So many applica- 
 tions were hied in the names of alleged residents of Salem that the suspicions 
 of Land Agent West were aroused, and upon inquiry it was ascertained that no 
 such persons resided there. A comjjarison of the signatures also revealed the 
 fact that they had all been written by Turner, wdio had thereupon- acknowledged 
 them before himself as a notary public, in addition to taking the acknowledg- 
 ments of the fictitious applicants on assignments of certificates, thus establishing 
 a complete chain of title to Kelliher, for whom he was acting. 
 
 Of the Kelliher certificates, the holders of about 30,000 acres were per- 
 mitted to repurchase the land at $2.50 an acre. This concession was made in 
 consideration of their being to a certain extent innocent purchasers. Certificates 
 covering about 30,000 acres held by Kelliher personally were cancelled and his 
 money repaid him. as a result of the State Supreme Court having decided in his 
 favor upon the criminal charge, as he had been vindicated to a certain extent, 
 the proof showing that Turner had procured the "dummy" applications, although 
 Kelliher had advanced the money necessary in making the payments. Chamber- 
 lain's action in getting rid of Kelliher in this fashion was a clever business stroke, 
 as the lands held by him were considered the cream of those he had acquired 
 fraudulently, and will at some future date be advertised by the State and sold 
 to the highest bidder, which will easily net the State more than $100,000 by the 
 transaction, even at the low price of $4 an acre, as the amount refunded to 
 Kelliher did not exceed $15,000. 
 
 Indemnity selections amounting to 100,000 acres have been made during 
 Governor Chamberlain's administration, and have sold for an average price of 
 $7 an acre. The State has about 100,000 acres of forest reserve base on hand 
 and available for selection. Its price is $8.50 an acre at the present time. 
 Governor Chamberlain has undoubtedly accomplished more genuine benefits to 
 the school fund of Oregon than any of his predecessors, so far as the sale of 
 State school lands is concerned, as he has increased the price of sections in 
 newly-surveyed townships from the old rate of $2.50 an acre to $17 an acre by 
 offering them to the highest bidder, which naturally provokes competition. 
 
 From 1903 to 1908, the State Land Board of Oregon had cancelled certi- 
 ficates covering 250,000 acres. Many of these were held by persons who had 
 made fraudulent purchases and were afraid to make further payments for fear 
 of prosecution. Much of it then became available as base for indemnity selections. 
 
 When it was found that the applications were bogus, and not made in 
 good faith, the selections were cancelled forthwith by the State Land Board, 
 and the amounts paid thereon as the purchase price w-ere declared forfeited to 
 the State and turned into the school fund. Fully 250,000 acres were found in 
 this condition, the applicants therefor having become alarmed on account of 
 investigations by the Government in connection with the Blue Mountain Forest 
 Reserve frauds, and were afraid to disclose their identity. Had they done so 
 it would have enabled the Federal authorities to locate the holders of the bogus 
 certificates, as the records of the State Land Office at Salem did not indicate 
 w^ho these persons were, and the Government was exceedingly anxious to find 
 this out. As nearly all the 250,000 acres alluded to consisted of school sections 
 in the Blue Mountain Forest Reserve, it reverted to the State, and was after- 
 wards disposed of as base by the latter, at a net profit of $5 an acre, making the 
 State gainer by the operation to the extent of fully $1,250,000. 
 
 Immediately after the temporary withdrawal of the Blue Mountain Forest 
 Reserve, F. P. Mays covered 10,000 acres of fine yellow pine timber land in 
 the Maury Mountains with "dummy" applications, using as basis of selection 
 the unsurveyed school sections in the proposed Blue Mountain Reserve. Gov- 
 ernor Gecr s'gned the list and caused the selections to be forwarded to the United 
 States Land Office at The Dalles, in full knowledge of the fact that the reserve 
 
 Page 336 
 
Railroad Commissioner Oswald West, who, while State Land 
 
 Agent of Oregon, uprooted the bogus school 
 
 land certificate evils 
 
 was only temporarily withdrawn, and that the base was not available for selection 
 purposes. When the Register of The Dalles Land Office refused to file the list, 
 Mays insisted that he should, and finally persuaded him to do so, whereupon the 
 State issued certificates of purchase on all the tracts embraced in these selections. 
 They were likewise cancelled by order of Governor Chamberlain, and the amounts 
 deposited thereon covered into the State treasury. 
 
 So much has been said concerning- my indictment on February 3, 1905, by 
 the Marion County grand jury, that I feel it incumbent upon me to give a brief 
 history of the facts incident thereto. In January of that year, shortly after my 
 conviction in the 11-7 case, I was engaged by residents of California to acquire 
 title to 6,400 acres of State school sections in Klamath County, Oregon. On 
 account of the trouble in which I was already involved with the Government, and 
 realizing that Governor Chamberlain would not tolerate any crooked work in the 
 State Land Office, I determined to obey the laws as well as possible, and with that 
 object in view, and in order to be what I then considered on the safe side, I secured 
 the applicants for the ten half sections in Salem, where it would be an easy matter 
 for the authorities to find out that I was not using any fictitious person in making 
 the applications. 
 
 My contract with these applicants contemplated furnishing them the money 
 with which to obtain certificates of purchase, they in turn to assign to me a nine- 
 tenths undivided interest in the lands. Li addition, I was to pay them $20 cash, 
 
 Page 337 
 
which, with their interest in the land, was considered as making the price of their 
 ris^ht eqnivalent to $100 for each 3)20-acve tract appHed for by them. This I 
 regarded as exorbitant, as the land itself was of comparatively small intrinsic 
 value, having already been applied for several times and permitted to revert to 
 the State on that account. It was certainly far above the prevailing market 
 rate for this class of "dummies." 
 
 L'pon presenting the ten a])plications to G. G. Brown, Clerk of the Land 
 lioard, together with draft for $2,000. I requested him to apply $200 to each 
 application as a portion of the purchase price. He thereupon notified me that 
 he had received instructions from the State Land Board to the effect that all the 
 applicants would be required to make personal appearance at his office in order 
 to take the necessary affidavit and deposit the money. Not wishing to trust tlie 
 applicants with that much cash, I obtained ten cashier's certificates from the 
 Ladd & lUish bank in Salem, for $200 each, and made payable to Clerk Brown, 
 and handing one of these to each applicant, told him to present this to Brown at 
 the time of tendering the application. 
 
 Calling in the afternoon for my certificates, I was informed that a special 
 meeting of the Board was in session for the purpose of considering the subject 
 of my applications. Upon being thus advised, I immediately repaired to the 
 (Governor's chambers, where I found the full Board assembled. Besides Gov- 
 ernor Chamberlain, there were present Secretary of State Dunbar, State Treas- 
 urer Moore and Attorney-General Crawford. No sooner had T put in an appear- 
 ance than Governor Chamberlain proceeded to denounce me in round terms for 
 my audacity in coming under the very dome of the capitol building, as he ex- 
 pressed it in vigorous language, and attempting to fraudulently obtain title to 
 6,400 acres of State School land, by inducing ten persons to commit perjury 
 in doing so. It required no second glance to see that the Governor was decidedly 
 angry, and it was utterly impossible for me to get in a word edgeways in my own 
 defense, as he jumped all over me. declaring that he was aware that I then had 
 in my possession blank assignments already signed and acknowledged, conveying 
 the land to me, and that it was his intention not only to forfeit the money I had 
 deposited as part payment, but also to prosecute me to the full extent of the law 
 for my part in the matter. 
 
 I endeavored to explain that I was unaware that I had violated any law, 
 and that it was never my intention to do so, but the Governor refused to listen 
 to anything I had to say, giving me to understand that the less I said under the 
 circumstances the better it would be for me. 
 
 After giving the subject careful consideration, however, the Board con- 
 cluded that affairs were not so bad as their imagination had first pictured, as I 
 was a few days later notified by Clerk Brown that the $2,000 would be refunded 
 upon presentation of orders on him from each of the ten applicants. This I suc- 
 ceeded in doing after considerable difficulty, as all the applicants held me up to 
 the tune of from $10 to $20 each before they would let go. which amount, added 
 to what I had already paid them for their rights, brought me out loser to the 
 extent of from $30 to $50 on each application. 
 
 This transaction was later made the basis of three indictments by the 
 Marion County grand jury, under which I am now out on bonds to appear for 
 trial at some future date. 
 
 Page 338 
 
Chapter XXI 
 
 Conviction of Congressman Williamson, Dr. Van Gcsncr and Marion R. Biggs, 
 for conspiracy to defraud the Government of its public lands, after three 
 stubbornly-contested trials — Apprehending a third disagreement of the jury, 
 Heney prepares for a fourth trial of the case — The United States Supreme 
 Court grants IVilliamson a nezu trial upon grounds that practically open the 
 doors for all forms of abuse of the timber land laws, and legalises the 
 "dummy" system of acquiring titles under the Act of June 5, iSlS. 
 
 BY reason of the Supreme Court of the United States having rendered a 
 decision granting- Ex-Congressman John Newton Wilhamson a new trial 
 
 and promulgating a doctrine that amounts to a practical seal of approval on 
 the methods of acquiring Government timber lands by "dummy" process, the case 
 of the United States vs. J. N. Williamson, et al., may be regarded as one of the 
 most important of any in the category of land fraud trials. 
 
 On February 11, 1905, the Federal Grand Jury of Oregon returned Indict- 
 ment No. 2914, charging Williamson (then a representative in the lower house of 
 Congress from the Second Congressional District of Oregon), his partner. Dr. 
 Van Gesner, and United States Commissioner Marion R. Biggs, of Prineville. 
 Crook County, Oregon, with conspiracy to defraud the Government of its public 
 lands, under Section 5440 of the U. S. Revised Statutes. 
 
 Williamson and Gesner were extensive sheep owners of Crook County, and 
 it was charged in the indictment that they had been guilty of inducing about one 
 hundred entrymen to file timber claims on a large area of grazing lands in Town- 
 ship 15 South, Range 18 and 19 East, Willamette Meridian, embracing approxi- 
 mately 16,000 acres, for the benefit of the firm, who were to utilize the tract thus 
 acquired as a pasture for their herds. The connection of Biggs with the case grew 
 out of the fact that he was the official before whom the alleged fraudulent proofs 
 were made. 
 
 It was set up in the indictment that on June 30, 1902, the defendants had 
 conspired to acquire the lands in question under the Act of June 3, 1878, commonly 
 known as the Timber and Stone law, and in pursuance of this conspiracy had in- 
 duced the entrymen to commit perjury in making oath that they were taking up 
 the lands for their own use and benefit, and not for speculation, whereas, it was 
 charged that there was an understanding from the outset that the claims were to 
 be transferred to Williamson & Gesner as soon as final title isued. While there 
 was no evidence produced to indicate that any of the claims were ever turned over 
 to Williamson & Gesner, the Government sought to show that the fact that such 
 was the intention on the part of the entrymen constituted an overt act, and was 
 sufficient grounds for conviction, and that it was only necessary to prove an at- 
 tempted ofl^ense of this character in order to" bring the accused within the scope 
 of a conspiracy charge. In fact, it was quite well established that while all the 
 arrangements had been perfected in advance for the transfer of title to the firm, 
 its members were deterred from taking further steps in the direction of completing 
 title on accoimt of the publication of a press dispatch from Washington, indicating 
 that Secretary of the Interior Hitchcock intended to take criminal action against 
 all engaged in the "dummy" process of acquiring lands under the timber laws. 
 
 At the trial, one of the witnesses testified that he was employed at a livery 
 stable in Prineville, and that both himself and wife relinquished their filings, with- 
 out making final proof on the land, at the suggestion of Williamson and Gesner, 
 just before the time arrived for making final proof. It seems, according to the 
 
 Page 339 
 
Dr. Van Gesner, convicted with Williamson 
 
 and Biggs, after three bitterly 
 
 contested trials 
 
 testimony of this witness, that Dr. Gesner came to the stahle and took the witness 
 to his office, where Wilhamson was seated, and told him that he could not let him 
 have the money to prove up, and that Dr. Gesner handed him the newspaper con- 
 taining the reference to Secretary Hitchcock's contemplated crusade against bogus 
 entrymen. 
 
 It app^rs that this information had the effect of causing the two members 
 of the sheep raising hrm to conclude that it would be unwise to ])roceed any 
 further in the direction of acquiring the titles, and that all the entrymen were ad- 
 vised subsequently to relintiuish their claims. The article in question follows: 
 
 Page 340 
 
HITS THE SHARKS. 
 
 SECRETARY HITCHCOCK ON PUBLIC LANDS. 
 
 Points To Oregon Cases. 
 
 Urges Early Repeal of the Timber and Stone Act, and Penalty for Law- 
 Violators, 
 
 Bold Words on the Evil of Fencing the Public Domain by Private Interests — 
 New Irrigation Law, Forest Reserves. 
 
 Oregonian News Bureau, Washington, D. C, Nov. 23 — The recently discovered tim- 
 ber frauds in Oregon are rather widely exploited in the annual report of Secretary Hitch- 
 cock of the Interior Department, and held up as a forceful argument for the immediate re- 
 vision of the Timber Laws. Although the Secretary cites facts and figures heretofore pub- 
 lished in the 'Oregonian', he is gracious enough to omit from his official report the name of 
 the State in which these frauds were discovered. His comments, nevertheless, are so point- 
 ed and so explicit that they cantfot be mistaken. After showing the phenomenal increase 
 in entries in Oregon under the Timber and Stone Act, in the last quarter, over those of the 
 preceding three months, the Secretary says: 'Should this rate of entry continue during 
 the entire year in that State, it w^ould mean the acquisition, in round numbers, of 600,000 
 acres of timber lands under the Timber and Stone Act, and if the same activity in that 
 class of entries were extended to the other public land States, then before the expiration 
 of two years practically every acre of unappropriated public timbered lands would have 
 been absorbed, and the successful operation of the Eeclamation Act of .June 17th last ren- 
 dered doubtful, if its failure be not absolutely assured, for the reservation of public tim- 
 bered lands that must of necessity be made to assist in conserving the waters to be im- 
 pounded by the irrigation systems to be established under that act will be defeated or made 
 so expensive by the purchase of said lands from private owners as to greatly delay the 
 completion of the irrigation systems contemplated by that act. ' 
 
 The reports of the special agents of this department in the field show that, at some 
 of the local land offices, carloads of entrymen arrive at a time, every one of whom makes 
 entry under the Timber and Stone Act. The cost of 160 acres of land under that Act and 
 the accomjianying commissions is ^-ll.S. As many as five members of a family who, it can 
 be readily shown, never had $2075 in their lives, walk up cheerfully and pay the price of 
 the land and the commissions. Under such circumstances, there is only one conclusion to be 
 drawn, and that is, where a whole carload of people make entry under that Act, the unan- 
 imity of sentiment and the cash to exploit it must have originated in some other source 
 than themselves. 
 
 In all such cases a rigid inquiry will be instituted, to determine the bona fides of 
 the entry, and if it be ascertained that the entry was not made in good faith, but in 
 the interest of some person or persons other than the entrymen, the entry will be promptly 
 canceled and the proper criminal proceedings instituted against the entrymen. 
 
 After three stubbornly-contested trials, a jury composed of John Bain 
 (foreman), J. Marcus Freeman, Thomas G. Farrell, James B. Kirke, Frank Bell, 
 H. Donnerberg, Theobald Kirsch, Worth Huston. Dom J. Zan, J. J. Hembree. 
 Charles Agee, and John E. Bailey, returned the following verdict on the night of 
 September 27, 1905 : 
 
 In the Circuit Court of the United States for the T)istrict of Oregon. 
 
 No. 2914. 
 
 The United States of America 
 
 vs. 
 John Newton Williamson, 
 Van Gesner and 
 Marion E. Biggs. 
 
 Verdict. 
 We, the jury in the above-entitled cause, find the defendants .J. N. Williamson, Van 
 Gesner and Marion E. Biggs, guilty as charged in the indictment, and recommend them to 
 the leniency of the Court on account of previous good character. (Signed:) 
 
 JOHN BAIN, Foreman. 
 
 Page 341 
 
The theory of the Government, as evidenced by the testimony brought out 
 at the (hti'erent trials, was that the defendants WilHamson and Gesner were in the 
 slieep business, and that they had a summer range at a place known as the "Horse 
 Heaven" country in Crook County, Oregon, about twenty miles from the town of 
 Prineville, where they resided, and where Dr. Gesner had for many years been a 
 practicing physician. All the odd sections of the township which constituted their 
 summer range were owned by a wagon road company and for a number of years 
 prior to 1902 Williamson and Gesner had leased several of the odd sections of 
 land from it. They owned the land upon which their shearing plant was located at 
 the summer range and did not own any other land in that vicinity. The wagon 
 road company had uniformly refused to sell any of its lands there. In May, 1902, 
 defendants learned that a rival sheep firm by the name of Morrow & Keenan 
 had contracted to lease practically all of the odd sections of land in the township, 
 and they immediately protested to the agent of the wagon road company against 
 its leasing to their rivals, and insisted that they were entitled to have a lease for 
 all of such odd sections of land themselves. The agent of the wagon road com- 
 pany decided, however, that he must stand by his agreement with Morrow & 
 Keenan. Thereupon Williamson & Gesner immediately employed the County 
 Surveyor to run the lines of the different sections of land in the township for the 
 purpose of determining whether or not the springs and small streams of water 
 located therein were upon the odd or even sections. A rough survey demonstrated 
 that the most valuable springs and streams were upon the even sections of land, 
 which still belonged to the United States. 
 
 The township constituted the best summer sheep range in that part of Or- 
 egon. It was partially covered by scraggly timber, which had no market value at 
 the time, if at all. In many places there were long stretches of splendid grazing 
 land upon which there was not a stick of timber of any account. The defendants, 
 Williamson and Gesner, immediately planned to secure all of the even sections of 
 land which contained springs or running water so as to control this entire summer 
 range. In June, 1902, they applied to the bank of Prineville for a loan of $3,000, 
 which they secured, and a few months later they applied to the bank at The Dalles, 
 Oregon, for a loan of $6,000, which they also got. All of this money was advanced 
 by them to the applicants in payment to the Government for their respective pur- 
 chases of land. Gesner employed Biggs to attend to the matter of securing appli- 
 cants for him and of filing them upon the land. Biggs was a practicing attorney 
 and was a United States Court Commissioner at Prineville. According to the 
 prosecution, the evidence showed that forty-five applicants filed upon lands selected 
 for them in the township within a period of about two months. 
 
 On Saturday morning, October 14, 1905, Judge William H. Hunt, of Mon- 
 tana, who had presided at the last trial, imposed sentences as follows : J. N. Wil- 
 liamson, to pay a fine of $500 and be imprisoned in the Multnomah County jail 
 ten months; Dr. Van Gesner, to pay a fine of $1,000 and be imprisoned five 
 months, while Biggs got off with the same sentence imposed upon Williamson. 
 
 After various appeals, in which the verdict was sustained by the Circuit 
 Court of Appeals, two of the defendants — Gesner and Biggs — submitted to their 
 penalties, while Congressman Williamson appealed his case to the United States 
 Supreme Court on constitutional grounds. Counsel for Williamson protested 
 against the Court passing sentence upon him, and especially to any sentence of 
 imprisonment, on the ground that thereby he would be deprived of his constitu- 
 tional rights as a Congressman. This was based upon the first clause of Section 
 6, Article I, of the Constitution, which provides: 
 
 Section 6. The Senators and Representatives shall receive a compensation for their 
 services, to be ascertained by law, and paid out of the Treasury of the United States. They 
 shall in all cases, except treason, felony and breach of the peace, be privileged from arrest 
 during their attendance at the sessions of their respective Houses, and in going to and re- 
 turning from the same; and for any speech, or debate in either House, they shall not be 
 questioned in any other place. 
 
 Page 342 
 
In its decision rendered January 6, 19U8. the United States Supreme Court 
 held that WiUiamson's plea of exemption from prosecution was without merit, and 
 sustained the validity (^f the indictment under which he was tried in every feature. 
 He was i^ranted a new trial, however, u])on his exceptions to the introduction of 
 evidence showini:^ that contracts and agreements had heen entered int<j between 
 the defendants and the entrymen offer the tilinj^ had been made, whereby the 
 claims were to be transferred to Williamson & Gesner upon the issuance of final 
 certificate. Upon this particular point the tribunal ruled in effect, that the lower 
 Court erred in permitting- the introduction of such testimony, and virtually held 
 that while it was contrary to the law for an entryman under the Timber and Stone 
 Act to enter into any agreement to sell the land embraced in his entry before filing. 
 he could do as he pleased with his claim afterwards. The decision, in short, 
 amounted to a notice to the world that no matter what understanding there might 
 be as to the subsequent disposition of timber lands, so long as it could not be proved 
 that the tract had been taken up for speculative purposes at the date the entry was 
 filed, no law was violated. 
 
 Without considering the question of the guilt or innocence of the defend- 
 ants, all of whom are highly respected citizens of Crook County, it will be seen 
 that the decision of the Supreme Court practically nullifies every effort of the Land 
 Department to prevent the acquisition of timber lands for speculative purposes, and 
 throws down the bars to indiscriminate abuse in that regard. Considered from any 
 standpoint, it was a vicious interpretation of the law, and it is to. the credit of 
 Justice Harlan that he refused to acquiesce in the ruling. 
 
 " While the Government officials maintain that enough evidence was intro- 
 duced at the trial of defendants to prove that there was a clear and distinct under- 
 standing before the filings were made that the entrymen were to transfer their 
 claims to the firm of sheepmen, and that Mr. Williamson could be convicted with- 
 out the necessity for the introduction of testimony to show that they were to do 
 so after final proof, it is believed that there will not be any further prosecution of 
 the case, but that the Government will be satisfied to try ttie Ex-Congressman 
 jointly with Dinger Hermann in what is commonly known as the "Blue Mountain 
 Forest Reserve Case." which is scheduled to come up at the next term of the Fed- 
 eral Court in Portland. 
 
 The three trials of the trio of defendants were remarkable in several dis- 
 tinct features, the most noteworthy, perhaps, being illustrative of the bulldog te- 
 nacity of Francis J. Heney, the Government prosecutor. The juries in the two pre- 
 ceding cases had failed to agree, and Heney was apprehensive that the third trial 
 would result in like failure. The case went to the jury about midnight, and while 
 the body was deliberating upon a verdict. Mr. Heney and Thomas B. Neuhausen, 
 Special Inspector of the Department of the Interior, who had worked up the 
 evidence against the accused, were in consultation in the private rooms of the 
 United States Attorney's office, preparing for a fourth trial, which they intended 
 to press immediately the next morning in the event of another disagreement, ^^'hile 
 the two zealous officials were in the midst of these deliberations, a messenger 
 brought the news that a verdict of guilty had been returned. 
 
 A woman's intuition was the cause of the prosecution again.st Congress- 
 man Williamson and his associates. Mr. Neuhausen, while occupying the position 
 as Agent in Charge of Special Agents for Oregon — an office since designated as 
 "Chief of Field Division" — with headquarters at The Dalles Land Office, had 
 received instructions from the Connnissioner of the General Land Office to in- 
 vest igate'-the status of the various entries embraced in the two townships, so many 
 sworn statements, or timber applications, having been filed almost simultaneously 
 as to arouse the suspicions of the authorities in Washington. In the course of 
 his investigations, Mrs. Neuhausen assisted her husband in many ways, her knowl- 
 edge of the land laws and familiarity with the methods of acquiring title t<j public 
 lands being of immense benefit to him. ^\'hile going over the accounts and 
 records of the local Land office, Mrs. Neuhausen made the discovery that the 
 
 Page 344 
 
checks in nearly every instance that had been transmitted to the Receiver at The 
 Dalles Land Office as payment for the different tracts, had been issued in the 
 name of Dr. Van Gesner an a Prineville bank, and further inquiry led to the 
 discovery that Dr. Gesner was a member of the sheep raising firm of Williamson 
 & Gesner. 
 
 It developed, upon investigation by Mr. Neuhausen, that while the lands 
 vv'ere being taken up under the timber act, they were almost invariably bereft of 
 staliding timber of any commercial value, and were chiefly valuable for grazing 
 purposes. Putting these circumstances together, he concluded that a fraud of 
 huge dimensions was about to be perpetrated, and succeeded in obtaining con- 
 fessions from a number of the entrymen, many of whom were employees of 
 Williamson & Gesner, who admitted locating the lands in the interest of the stock 
 raisers. A quantity of photographs were also secured, taken at different points 
 in the two affected townships, nearly all of which indicated that the "timber" on 
 the claims consisted for the most part of sagebrush and other undergrowth. 
 These photographs were introduced in evidence, and formed part of the Govern- 
 ment's exhibits in the case. 
 
 The defendants were represented in Court by Judge A. S. Bennett and H. 
 S. Wilson, of The Dalles, and George W^ Barnes, of Burns, Oregon. 
 
 The "scapegoat" for many bogus timber entries 
 in Eastern Oregon 
 
 Page 345 
 
Congressman J. N. IVilliamson, of Oregon, who was granted a 
 
 new trial by the United States Supreme Court from 
 
 judgment of conviction for land frauds 
 
 in Eastern Oregon 
 
Chapter XXII 
 
 Details of the great Blue Mountain Forest Reserve conspiracy, as outlined at the 
 trial of F. P. Mays, W. N. Jones and George Sorenson — All three defend- 
 ants are convicted after a trial that broke all records in the Federal Courts 
 of Oregon for longevity — McKinley and Tarpley work a shrewd flim- 
 flani game on Mays, zvho threatens to "checkerboard" their holdings unless 
 they pay tribute to his autocratic poiver — Ahnost the entire Oregon dele- 
 gation in Congress is implicated in the plot to establish the Blue Mountain 
 reserve, zvhich develops into a clever scheme to convert a large quantity of 
 school land into forest reserve scrip. 
 
 A LL the saHent features of the Bkie Mountain Forest Reserve conspiracy are 
 /-\ embodied in an indictment returned February 13, 1905, by the Federal 
 
 Grand Jury of Oregon, charging John H. Mitchell, Dinger Hermann, John 
 N. Williamson, Franklin P. Mays, Williard N. Jones, and George Sorenson with 
 a violation of Section 5440 of the United States Revised Statutes. Mays, Jones 
 and Sorenson w^ere convicted September 13, 1906, for their part in the alleged 
 plot to cheat the Government out of a large portion of its lands, while Hermann 
 and Williamson are yet to be tried. 
 
 The defendants were accused of having entered into a conspiracy to de- 
 fraud the United States out of the possession and use of thousands of acres 
 lying in different States and Territories, by means of a fraudulent plan contem- 
 plating the obtaining of title, in the first instance, to about 44,000 acres of State 
 school lands in Crook, Grant, Harney, Malheur, Baker, Union, Umatilla and 
 Wallowa Counties, Oregon, through the use of illegal affidavits and applications, 
 and the subsequent inclusion of such school lands in the Blue Mountain Forest 
 Reserve, thus creating the possibility of their use as a base in exchange for 
 valuable timber lands under the lieu land Act of June 4, 1897. 
 
 The story of the conspiracy, if given in all its glaring details, would 
 sound like some astounding tale of fiction. It would show how men of national 
 reputation and political renown had affiliated in a brotherhood of corruption with 
 some of the lowest elements of humanity in an effort to profit by the spoils of 
 a gigantic steal, and if all the facts were made known, they might sound even 
 greater depths of degradation than were reached during the trial. 
 
 The idea of creating the Blue Mountain Forest Reserve originated in the 
 shrewd minds of those who saw in President Roosevelt's well-defined policy of 
 preserving the remaining timber of the country for the benefit of future genera- 
 tions a chance to further their own selfish interests. They were aware that noth- 
 ing would appeal to the Nation's chief executive with such vivid force as the 
 plan to embrace a large area in Eastern Oregon in an immense reserve. On its 
 face it was a legitimate proposition, because the necessity actually existed for 
 measures of protection of this character, inasinuch as there was danger of an ex- 
 tensive body of timber falling into the hands of Eastern speculators through 
 process of fraudulent entry. There was even some local sentiment in favor of 
 creating the reserve, and those at the bottom of the scheme merely took advant- 
 age of all the surrounding conditions in order to carry out the general plan of 
 plunder. 
 
 By virtue of their sovereignty, each public land State is granted the 16tli 
 and 36th sections of every township within its borders for school purposes at the 
 time of its admission into the union. These are consequently known as school 
 lands. In cases where any portion of a school section becomes lost to the State 
 
 Page 347 
 
either by reason of being; included in an Indian or Military reservation, returned 
 as mineral in character, or taken under the homestead laws of the United States 
 by a settler before approval of the survey by the United States Surveyor-General, 
 the State is entitled to indemnity therefor, and can select other vacant Govern- 
 ment lands in lieu thereof. IW reason of the fact that the "base" thus created is 
 available in exchange for other lands, it is clothed with an increased valuation, 
 and at present such base lands are worth $8.50 an acre in Oregon, anrl are 
 sold by the State Land Board at that figure. 
 
 In the case of the .school sections within the limits of the proposed lUue 
 2^Iountain Forest Reserve, however, the situation was different. These sections — 
 or a large majority of them — had been surveyed by the Government and were 
 "in place" — that is, subject to sale direct by the State, and at that time could not 
 be used as the basis of selection for lands belonging to the United States. Inas- 
 much as a large percentage of the school .'sections within the limits of the proposed 
 reserve were of comparatively small intrinsic value, being mo.stly "culls" and 
 worthless tracts, they were still vacant, or una])propriated, and it was principallv 
 with reference to these lands that the indictment in the Blue ^Mountain Forest 
 Reserve case had to do. The only way these tracts could be made available for 
 use as base in making an indemnity selection would be through their purchase 
 from the State by an applicant before the creation of the reserve, and after 
 securing a deed from the State, to then transfer them to the United States and 
 select other lands in lieu thereof. In this respect the school sections would be on 
 the same footing, in the matter of exchange with the Government under the 
 Forest Reserve lieu land Act of June 4, 1897, as any other patented tract, and the 
 holders of title would have then been permitted to make an exchange with the 
 Government for any of its vacant lands elsewhere. The Act of June 4. 1897 
 was repealed before the Blue Mountain Forest Reserve was finally established, 
 hence the scheme of the conspirators in that regard was defeated, but it accounts 
 for their desperate efforts to secure the creation of the reserve, as there were 
 approximately 44,000 acres of school lands still unappropriated within the Ixirders 
 of the proposed reservation, and these lands could have been purchased from the 
 State at that time for $1.25 an acre, by any qualified person making application 
 for 320 acres. By reason of the system of exchange already described, wherein 
 the tracts thus secured were worth from $5 to $7 an acre as lieu, it is easy to 
 understand the motives that controlled those behind the plot to have the reserve 
 created, as it was simply an attempt to legalize a method of trading silver dollars 
 for twenty dollar gold pieces. 
 
 The evidence at the trial of the now famous Blue Mountain Forest Reserve 
 case developed the fact that F. P. Mays owned a ranch in Tygh Valley, Wasco 
 County, Oregon, and that on July 1, 1901, he had engineered a scheme — through 
 Senator Mitchell — to have a small addition made to the Cascade Forest Reserve. 
 It was shown also, that eventually Mays acquired title to all the vacant school 
 lands in this addition, and the venture proved so successful and profitable that he 
 conceived the plan of having a much larger reserve created. Proceeding upon 
 this idea, a great many "dummy" applicants were procured from the "North Fnd," 
 a notorious district of Portland, who filed applications covering about 44.000 acres 
 of the 16th and 36th sections that were known to fall within the limits of the 
 proposed reserve. 
 
 The scheme looked so good to those concerned that eventually \\'illard 
 X. Jones and H. A. Smith (since deceased) were taken into i:)artnership. as it 
 was believed by Mays that there was plenty to go around among his close friends, 
 and it required considerable united effort to handle such a large project as that 
 contemplated. 
 
 In furtherence of the conspiracy, a map was prepared at the United States 
 Surveyor-General's office in Portland, upon which was outlined the borders of 
 the proposed reserve. A blueprint from this map was taken by Smith to Vale, 
 Oregon, where he was met, according to a prior arrangement, by A. G. King, 
 
 Page 348 
 
then County Clerk of ■Malheur County, hut now a resident of Seattle, Wash- 
 ing;ton. In August, 1901. King visited Portland for the express purpose of 
 consulting with Alays upon the suhjcct of taking steps towards creating the 
 reserve, and in Octoher of that year called upon him again with a similar object 
 in view. During this latter conference, it was arranged between Mays and 
 Smith to pay King $4 per day and all expenses, besides giving him a half-section 
 of school land for his services in circulating a petition for the creation of the 
 reserve, and in working up community sentiment in its favor, as there had to be 
 some show of legality in the proceedings in order to avert suspicion. 
 
 In December, 1901, Mays wrote to King at \^ale, informing him of his 
 intention to send Forest Superintendent Salmon B. Ormsby up there to investi- 
 gate and report upon the feasibility of creating the reserve, and for King to meet 
 him in a buggy and show him around. The humor of the situation can be prop- 
 erly understood when it is known that Ormsby had long been a tool of Mays, 
 who was aware that he was "reachable" upon almost any kind of graft propo- 
 sition. To send the Forest Superintendent upon such a mission is capable of but 
 one interj^retation — to pull the wool over the eyes of the public, and make it 
 appear that the scheme of creating the reserve was in the nature of an official 
 recommendation. It will be observed that Mr. Mays was a distinguished diplomat 
 when measures of this character were involved, and that he possessed a wise 
 conception of the proprieties in almost every crooked transaction undertaken by 
 him. 
 
 Through the confessions of King during the trial of the Blue Mountain 
 case, it was learned that the County Clerk had sublet his $4 a day contract to a 
 local barkeeper named O. E. Pollock, who was allowed $2.50 a day and expenses 
 for circulating the petitions, and that quite a number of the signatures thereto 
 were very considerately written by this man, as the conspirators were crowded 
 for time, and it was necessary to make as good a showing as possible. It was 
 proved also that Senator Mitchell took a hand in the game by exercising his 
 influence with the Interior Department and General Land Office to expedite the 
 creation of the reserve, and for his part in the proceedings, the Senator was 
 indicted with the other defendants. He died, however, before the case came 
 to trial. 
 
 Presumably on the strength of the different petitions and representations, 
 Binger Hermann, who was then Commissioner of the General Land Office, on 
 Alarch 19, 1902, instructed Forest Superintendent Ormsby to examine the land 
 and report upon the advisability of creating the reserve. On April 14, 1902, 
 Ormsby went to Mays' office, and was informed that Smith would accompany 
 him on his tour of inspection, but instead a guide named William Henry Harrison 
 went with the forest superintendent on his tour. 
 
 Ormsby returned from his trip May 24, 1902, and reported to Mays. W. 
 N. Jones was also present, and after Ormsby had told what had been accomplish- 
 ed, Mays suggested to Jones that Ormsby should be given two school sections 
 as a reward for his fidelity. At this Ormsby edged towards the door, and upon 
 being followed by Mays, told the latter that he did not wish to talk before Jones, 
 who was a stranger to him, but referred Mays to a Portland attorney named 
 W. M. LaForce, who later went to Mays' office and secured an envelope contain- 
 ing deeds for two sections of school lands, which were to be held in escrow until 
 the reserve was established. 
 
 While all these arrangements were being made, the association of get- 
 ricli-quick operators received a hard jolt in the shape of direct information that 
 there was a leak somewhere, and that they were likely to experience serious 
 competition in their scheme to corral all the school lands in the proposed reserve. 
 It seems that Dan W. Tarpley was on the most friendly terms with Merritt 
 Ormsby, the son of the Forest Superintendent, and as has been shown frequently 
 heretofore, found a great deal of profit as well as pleasure, in this acquaintance- 
 ship. One day in a burst of confidence, young Ormsby told Tarpley that his 
 
 Page 350 
 
father was engineering a big forest reserve scheme somewhere in Eastern Ore- 
 gon, but was not sufficiently on the inside to know exactly what territory it was 
 proposed to include in the boundaries of the new reserve. The mere suggestion 
 of such a thing was enough for the quick-witted Tarpley, however, and he lost 
 no time in apprising Horace G. McKinley of the situation. The pair went on a 
 still hunt, with the result that they succeeded in unearthing the original map that 
 had been prepared at the Surveyor-General's office, and for a consideration, 
 secured a blue print thereof, thus placing them on an equal footing with those 
 who had already gone to much trouble and expense in starting the ball rolling. 
 
 The manner in which Tarpley became aware of the proposed reserve is 
 best told by his testimony while on the witness stand during the trial. 
 
 "I first obtained information concerning the proposed reserve in April, 
 1902, from Captain Ormsby's son, Merritt, in his father's office at Salem," tes- 
 tified Tarpley. "It was contained in a letter from the Commissioner of the Gen- 
 eral Land Office to the Forest Superintendent. After reading it, I took steps to 
 secure the school sections in the limits of the new reserve as described in the 
 letter. I first made a map of the country, and then went to the State Land Board 
 and looked up the vacant sections, finding about 20,000 acres in that condition. 
 I reported these facts to McKinley here in Portland, and he told me about a man 
 named R. S. Hyde, from Wisconsin, who was stopping here, and who agreed to 
 put up $4,000 in getting hold of the school sections. The next day McKinley, 
 Hyde's son and myself went up to Salem and purchased 16,000 acres of this 
 quantity, paying 25 cents an acre down, the majority of the certificates of sale 
 being left in Hyde's hands as security for the money he had advanced. 
 
 "The first 16,000 acres McKinley, Hyde, Merritt Ormsby and myself were 
 interested in, and the other 1,500 acres McKinley and myself owned between us. 
 About May 1, 1902, I was told that Mays wanted to see me. When I called at 
 his office, he told me that he understood that I had bought some lands in the Blue 
 Mountain Forest Reserve. I replied that I had, and he said that they were some 
 he expected to buy, and demanded that I should give him one-half of my cer- 
 tificates. I asked him why, and he replied that it was because of the expense of 
 getting the reserve through. I answered that there were about 200,000 acres of 
 school lands within the limits of the proposed reserve, and if each section was 
 assessed upon the same basis as our lands, the cost of getting it through would 
 have amounted to about v$500,000. 
 
 "Later I met W. M. La Force in the Chamber of Commerce building, and 
 he informed me that Mays wanted to see me again. I told Mays that I would 
 give him a sufficient number of the certificates of sale to amount to 50 
 cents an acre on all the land I owned, or about $8,500. This conversation 
 must have been before the withdrawal. I made this oft'er without con- 
 sulting McKinley." 
 
 Although getting a late start in the race. McKinley and Tarpley made 
 up considerable ground by rounding up a sufficient number of "dummies" from 
 the favorite North End precincts to embrace 17,500 acres in applications for 
 school lands within the proposed reserve, which were filed by them at the State 
 Land Office in Salem without much ceremony or delay. They would have taken 
 more had the circumstances justified, but as it was, the}^ gobbled up all they could 
 under a hurry order. Even as it was, several thousand dollars was required by 
 McKinley and Tarpley to swing the deal, and in order to raise this amount, it 
 became necessary for McKinley to keep the wires hot in all directions of the 
 countr}^ as time was exceedingly valuable about then. 
 
 Evidently Mays in some way became cognizant of the fact that there was 
 trouble brewing, as he hurried George vSorenson up to Salem with as much dispatch 
 as possible, equipped with a sufficient quantity of "dummy" applications to cover 
 44,000 acres of school lands, or practically the entire available area. He arrived 
 too late, however, and met McKinley and Tarpley coming down the steps of the 
 State Land Office with their countenances wreathed in smiles that told their own 
 
 Page 351 
 
story of a victorious achievement. Sorensoii filed claims to all the remaining 
 lands, however, and limped back to Portland, where he imparted the sad news 
 to Mays, who as usual, blamed him for all his misfortunes. 
 
 It may be stated in this connection that while Soren.son attended to these 
 details for Mays, and was indicted jointly with the latter and Jones for his con- 
 nection with the scheme, it is believed that as a matter of fact, he did not profit 
 to the extent of a dollar by the o])eration. his services in this rei^ard being con- 
 siderably upon the "Happy Hooligan" order. At all events, Sorenson has never 
 been sentenced, and it is thought that the Government's knowledge of the situa- 
 tion may have had something' to do with this exemi)tion. 
 
 Mays was furious when he learned about the interference of McKinley 
 aiul Tarpley, whom he regarded as interlopers, and immediately summoned 
 Tarpley into his august presence. After assuring the young man that he had 
 committed the most unpardonable offense of "butting in" on one of his choicest 
 and most delicate morsels of plunder, he warned Tarpley that unless himself and 
 McKinley yielded up one-half of all the land they had located, he would have 
 their school sections "checkerboarded" when it came to a show-down — that is, 
 omitted from the reserve pretty much after the fashion pursued by the Govern- 
 ment in connection with the Santa Fe Railway Company's lands in the San 
 Francisco Mountain Forest Reserve in Arizona, by having only the even num- 
 bered sections in the reserve embraced therein, and excluding the odd sections 
 owned by the railroad corporation. 
 
 The bluff' worked to a certain extent upon McKinley and Tarj)ley. as it 
 appears they held a consultation upon the subject, and wound up by offering 
 Mays 50 cents an acre upon all the lands they had fished from him, aggregating 
 an amount equivalent to about $8,500. 
 
 "Fifty cents, indeed!" fairly stormed Mays. "\\'hy, that wouldn't pay for 
 the two fellows we have in Washington !'' 
 
 McKinley and Tarpley thereupon made a careful study of their map. and 
 upon ascertaining that it would be impossible for ]\Iays to checkerboard their 
 holdings without impairing his own, advised him to seek a locality famed for the 
 tropical character of its temperature. 
 
 As McKinley had to borrow all the money with which to purchase the 
 lands from the State, he was obliged to sell them almost as soon as the certificates 
 were issued by the Land Board. It proved to be a fortunate thing for him in this 
 respect, as he received $2.50 an acre for lands that cost him $1.25. and had the 
 satisfaction of knowing that himself and Tarpley were the only ones that profited 
 t(» any great extent on the deal, as only a temporary withdrawal of the territory 
 embraced in the proposed reserve was made at first, and pending this condition 
 the Act of June 4, 1897, was repealed, so that when the reserve was finally 
 established, the opportunity had passed for using the school sections as basis of 
 .selection for other lands. 
 
 Those to whom McKinley sold purchased with their eyes open, as they 
 were well aware that they were taking chances on the reserve being rejected, thus 
 rendering their holdings of no value for lieu. Neither did the tracts jxjssess any 
 intrinsic value, as they were the "culls" of various townships in the proposed 
 reserve, and so absolutely worthless, in fact, that they had never been applied 
 for before. Had there been no repeal of the Act of June 4, however, they would 
 have become available for making forest reserve lieu selections, -and commanded .i 
 ready sale at from $5 to $7 an acre, as one kind of land would have been as good 
 as any other under such conditions, the Act in question i)roviding that the owner 
 of any tract of patented land in a forest reserve had the option of exchanging his 
 holdings for any unapprojjriated surveyed Government land on the outside. 
 
 Fred A. Kribs was a heavy loser by the operation, as he invested exten- 
 sively in the tracts controlled by McKinley and Tarpley under the supposition that 
 they were hard up, and that he was obtaining a gilt-edged bargain by squeezing 
 them a little bit. 
 
 Page 352 
 
George Sorenson, one of the defendants in 
 
 the Blue Mountain Forest 
 
 Reserve case 
 
 Ormsby managed to get in out of the wet also by realizing a net profit 
 of $1,000 on the two pieces that had been donated him by Mays and Jones out 
 of their kindness of heart. 
 
 It was the understanding that Senator Mitchell was to receive 2,000 acres 
 for his services in expediting the creation of the reserve, and it is thought that 
 Binger Hermann's stand-in with Mitchell in this connection formed the basis of 
 the indictment that was returned against the ex-Land Commissioner by the Fed- 
 eral Grand Jury. At all events, Hermann ^nd Williamson are soon to be tried 
 under this indictment, Williamson's alleged activity in assisting in the promotion 
 of the reserve being the chief reason for his connection with the criminal pro- 
 ceeding. The creation of the reserve was strongly opposed by the adjacent stock- 
 raisers, as well as the mining interests of the different counties affected by its 
 boundaries, and they enlisted the services of Ex-Senator McBride with a view of 
 defeating the measure. On July 27, 1902, Joseph Simon, then a United States 
 Senator from Oregon, wrote a strong letter to Commissioner Hermann on behalf 
 of a number of constituents, protesting against the inclusion in any reserve of 
 certain lands in Malheur County. 
 
 Page 353 
 
On October 25, 1902, C. A. Johns, a i)rominent citizen of liaker City, and 
 at one time a candidate for Governor of the State, headed a delegation from 
 Eastern Oregon for the purpose of calhng upon Senator Mitchell and protesting 
 against the reserve. Those accompanying Johns upon this occasion were John 
 L. Rand, joint Senator from Raker, Malheur and Harney Counties; J. H. Rob- 
 bins, a member of the legislature from Raker County, and connected with the 
 First National Rank of Sumpter ; N. C. Richards, an attorney of Sumpter ; Emil 
 Melzer, of the North Pole mine; Clark Tabor, Mr. Muller and Judge Fassett. 
 
 Johns telephoned to Senator Mitchell, making an appointment, and the 
 delegation met him in a reception room of the Hotel Portland. They urged the 
 necessity of having the order creating the reserve revoked, but were informed 
 by the Senator that it would do no good, as the creation of forest reserves was a 
 pet hobby of President Roosevelt. They were likewise told by Senator Mitchell 
 that he had received a petition which he had presented to the General Land Oflfice, 
 asking for the creation of the reserve, and promised to send the delegation a 
 copy of it, but never did. 
 
 The order for the withdrawal of the Rlue Mountain Forest Reserve from 
 settlement was made by Acting Secretary Ryan on July 23, 1902. Secretary 
 Hitchcock never saw the letter of recommendation written by Commissioner Her- 
 mann July 2, 1902, which was introduced in evidence at the trial, and reads as 
 follows : 
 
 Sir: I am in receipt, by reference from the Department, for consideration and 
 appropriate action, of a letter dated June 21, 1902, from the acting director of the 
 Geological Survey, recommending the reservation of lands in Oregon for forest reserve 
 purposes, the said letter being in part as follows: 
 
 "2 — I recommend that in the Blue Mountains, and the ridges stretching westward 
 therefrom, a reserve be created, extending from southeastern Washington to a point north 
 of Prineville, but broken on the line of the O. E. & N. Company's railroad. This reserve 
 to be known as the Blue Mountain Forest Eeserve. The timber consists throughout almost 
 entirely of yellow pine, in an open forest, and its protection will be an aid to the mines 
 in the neighborhood of Baker City, and to agricultural interests in the valley, whose 
 water comes from these mountains. ' ' 
 
 I now have the honor to transmit a report from Forest Superintendent S. B. Ormsby, 
 recommending the reservation of certain lands in this region, a considerable portion of 
 which have not been so recommended by the Geological Survey. I transmit also two 
 letters from F. P. Mays, of Portland, Or., urging the early temporary withdrawal of the 
 lands proposed to be included within the reserve. 
 
 By green shading upon the map, which was submitted by the acting director, I 
 have indicated the additional lands recommended by Superintendent Ormsby for reserva- 
 tion. In view of Superintendent Ormsby 's report and the statements contained in Mays' 
 letters, I respectfully recommend that I be directed to make immediate temporary with- 
 drawal of the additional lands covered by Superintendnt Ormsby 's recommendation, as 
 well as the lands covered by the recommendation of the acting director, and that Superin- 
 tendent Ormsby 's report be forwarded to the Geological Survey for consideration by that 
 bureau with regard to the advisability of .permanently reserving the additional lands 
 therein recommended for reservation. Very respectfully, 
 
 BINGER HERMANN. 
 
 According to the testimony of W. Scott Smith, private secretary to Secre- 
 tary of the Interior Hitchcock, given at the trial of the Rlue Mountain case, the 
 advance information that the reserve was about to be established was given out by 
 Commissioner Hermann to the Portland Oregonian correspondent, and did not 
 emenate from the Secretary's ofifice. It developed from the testimony of this wit- 
 ness that Harry Rrown, the Oregonian correspondent in Washington, was greatly 
 prejudiced against Secretary Hitchcock, and as a result of a systematic course of 
 misrepresentation concerning Secretary Hitchcock that had been pursued by 
 Rrown in connection with his reports to the Oregonian, the correspondent was 
 denied the privilege of the Secretary's ofifice. It was also shown that the news of 
 the withdrawal of the Rlue Mountain Reserve lands was wired to the Oregonian 
 on the night of July 22, 1902, the day before the withdrawal was officially made. 
 Rrown later admitted on the witness stand that he had secured this advance infor- 
 mation from Commissioner Hermann. 
 
 Page 354 
 
Marion R. Biggs, one of the defendants in 
 the Williamson case 
 
 The trial of the Blue Mountain case was notable in several essential partic- 
 ulars. It holds the record for being the longest of any land fraud case ever con- 
 ducted in Oregon, lasting from August 20 to September 12, 1906, with night 
 sessions. The jury brought in a sealed verdict at 1 :45 o'clock on the morning of 
 September 13, finding all three defendants guilty as charged in the indictment. On 
 May 3, 1907, Judge Wolverton sentenced Mays to pay a fine of $10,000 and serve 
 four months in the Multnomah County jail at Portland, while Jones was given a 
 fine of $2,000 and a term of ten months in the County jail. The United States 
 Circuit Court of Appeals sustained the verdict of conviction, and defendants Mays 
 and Jones were remanded to the custody of Marshal Reed, but have thus far 
 
 Page 356 
 
evaded doing; time by reason of having secured a writ of error from Judge 
 Wolverton, staying tlie execution of sentence. After tliis proceeding has been 
 disposed of. both <lefendants will, in all i)rol)al)ility, begin serving their sentences, 
 as i)ractically their last hope is gone. 
 
 The Government in this case was represented by Francis J. Heney, Special 
 Assistant to the United States Attorney-lieneral. of San Francisco, and William 
 C. Bristol, United States Attorney for Oregon, while William D. Fenton, of Port- 
 land, and James D. Fenton. and W. Lair Hill, of Seattle, appeared for Mays ; 
 Judge Martin L. Pipes, of Portland, and S. B. Huston, of Hillsboro, for Jones, 
 and Alex. Sweck, of Portland, for Sorenson. 
 
 It wa^" unquestionably one of the most bitterly-contested cases yet tried in 
 connecticHi with the land frauds, as the three defendants were ably represented by 
 some of the best legal talent of Oregon and Washington, Judge \\'. D. Fenton 
 being the chief counsel for the Southern Pacific Company at Portland. He is a 
 man of brilliant legal attainments, and considered one of the ablest lawyers of the 
 Northwest. No man could have fought more earnestly or conscientiously for a 
 client. W. Lair Hill also enjoys a splendid reputation as an advocate, and was in 
 addition a personal friend and former professional associate of Mays at The 
 Dalles. No stone was left unturned in the effort to save the accused, but their 
 guilt was too firmly established by the overwhelming mass of evidence introduced 
 by the prosecution to be overcome by the small amount of testimony offered in 
 their behalf. It was during the course of Mr. Heney's closing argument that some 
 of the most sensational features of the whole case developed. A great crowd had 
 gathered to hear the distinguished prosecutor, and his appearance in the crowded 
 courtroom was the signal for general applause from the spectators, which was 
 checked instantly by the bailiff. Judge Hunt, who presided at the long trial, 
 threatening to clear the courtroom if the offense was repeated. 
 
 At one stage of his impassioned address to the jury, Mr. Heney was inter- 
 rupted by Judge Fenton, and the Government prosecutor retorted rather heatedly : 
 
 "It doesn't make any difference, Mr. Fenton, before I get through I will 
 skin you from the top of your head to the soles of your feet." 
 
 "If you do," responded Fenton with equal warmth, *T am willing to leave 
 my hide in the jury box where I have six personal friends!" 
 
 This was considered an unfortunate remark by Judge Fenton, and was 
 probably made under the excitement of the moment, as it w^as a reflection, in a 
 way, upon the integrity of the jurors, and one that was evidently not relished by 
 them to any great extent, if their scowding features was any criterion. 
 
 George Sorenson has never l^een sentenced, and it is questionable whether 
 he ever will be. as the (jovernment seems satisfied that he should not have been 
 convicted under the evidence brought out against him in this case, his connection 
 therewith, so far as the testimony went, being that of an agent for the other de- 
 fendants, and it was not shown that he held an}- interest in the lands sought to 
 be fraudulently acquired. 
 
 Page 356 
 
Chapter XXIII 
 
 John H. Hall's repeated efforts to protect his political associates from criminal 
 prosecution for violations of the Federal statutes results in his conviction 
 for conspiracy in the Butte Creek Land, Livestock & Lumber Company 
 Case, during zvhich a gigantic scheme of inclosing Government land is laid 
 bare — Nearly 20,000 acres of the public domain is inclosed in a vast 
 pasture by the wealthy corporation, but the persistency of Edtvard A. Put- 
 nam, a small stockraiser, in fighting for his rights, is the David that 
 destroys the Goliah of evil — Senator Fulton's name is brought under an 
 unpleasant limelight by the Court proceedings, and the inactivity of former 
 United States Attorney Flail is established clearly by the testimony, 
 especially ivhere those "higher up" %<rere involved — George C. Brozunell, 
 the uncrowned king of Clackamas county politics, is absolved from blame 
 by Government Prosecutor Heney, as a result of Henry Mcldruni's 
 confessions. 
 
 ON February 13, 1905, the Federal Grand Jury of Oreg'on returned an in- 
 dictment against John H. Hall, charging him with conspiracy to defraud 
 
 the Government of its public lands under section 5440, of the United 
 States Revised Statutes. Fie was not brought to trial until January 13, 1908, and 
 after the case had lasted twenty-three days, the jury, late one Friday night 
 brought in a verdict of guilty, so it would seem that Mr. Hall was up against it 
 all around from a "hoodoo" standpoint. 
 
 Hall had been indicted jointly with Winlock W. Steiwer, Hamilton H. 
 Hendricks, Clarence B. Zachary, Adelbert C. Zachary, Charles A. Watson, Clyde 
 E. Glass, Binger Hermann, Edwin Mays, Franklin P. Mays, Clark E. Loomis 
 and Edward D. Stratford, for his alleged connection with the fencing of a large 
 body of Government land in Wheeler County, Oregon, by the Butte Creek Land, 
 Livestock and Lumber Company, of which Steiwer was president, Hendricks 
 secretary and general manager, and Zachary superintendent. A. C. Zachary, 
 Charles A. Watson and Clyde E. Glass were employes of the corporation, and 
 had been drawn into the law's drag net on account of having been used as 
 "dummies" in making bogus homestead entries for the benefit of the Livestock 
 Company. Hermann had been Commissioner of the General Land Ofifice, and 
 was believed to have had knowledge of the illegal operations of the corporation. 
 Edwin Mays was Hall's assistant in the United States Attorney's office at the 
 time the ofTenses were alleged to have occurred, while F. Pierce Mays, his brother, 
 was attorney for the Butte Creek Company, and had used his influence with Hall 
 to have civil, instead of criminal, proceedings brought against the concern. 
 Loomis and Stratford were the two crooked special agents of the General Land 
 Ofifice who had been sent to investigate the. illegal inclosure, and, as usual, found 
 nothing wrong. 
 
 By some mysterious process, only Hall and Edwin Mays were placed on 
 trial when the case reached an issue in Court, and while the case was pending, 
 Steiwer, Hendricks and C. B. Zachary entered pleas of guilty and became wit- 
 nesses for the prosecution. F. P. Mays also took the stand as a Government 
 witness, but developed such a poor memory of events that his testimony was 
 not of much consecjuence for either side, and in the charity of his heart, special 
 prosecutor Heney dismissed all the remaining cases against him, he having 
 already been convicted in the Blue Mountain Forest Reserve case, and it was 
 thought that the state of his health would not permit any further ordeals of 
 
 Page 357 
 
trial. In the course of the proceedings, Mr. Heney also recommended the dis- 
 missal of the case against Edwin Mays, upon the ground that the evidence pro- 
 duced did not warrant conviction, so that in the end the former United States 
 Attorney for Oregon was left alone "like some banquet hall deserted." 
 
 A number of peculiar situations were developed at the trial, aird as they 
 all relate more or less to the general system of plundering the public domain, it 
 is just as well to give a brief outline of the circumstances leading up to the 
 indictment. 
 
 The town of Fossil, in Wheeler County, Oregon, was the base of opera- 
 tions for the Butte Creek Land, Livestock & Lumber Company, a wealthy con- 
 cern that controlled a great many commercial and political interests in that section 
 of the country. It had large holdings in the neightorhood, including a general 
 merchandise store at Fossil, was owner of the local sawmill, and besides owned 
 extensive properties in the sha'pe of land thereabouts. In fact, it had full sway 
 in almost every sense, and as usual in such instances, carried things with a high 
 hand. 
 
 Adjacent to the conflux of Butte Creek with the John Day river, was a 
 large body of Government land, aggregating nearly 20,000 acres, and valuable 
 chiefly for grazing purposes. It was so situated that by comparatively slight 
 effort, the entire tract could be converted into an immense pasture, at little 
 expense, as a line of "rimrock" (high rocky bluffs) formed an impenetrable 
 barrier for quite a distance, so that all that was necessary to complete the in- 
 closure and thus create a great "corral," was to construct a line of fences connect- 
 ing the various "rimrock" formations. This had been done by the Butte Creek 
 Land, Livestock & Lumber Company in such manner that individual settlers 
 thereabouts were prevented from enjoying the privileges of the range, and 
 naturally there was much discontent in the community, especially when it is 
 considered that the corporation had men in its employ whose duty was to prevent, 
 by armed force, if necessary, any trespass upon its illegal holdings, or interfer- 
 ence with its plan to divert the broad acres to its own use and benefit. 
 
 Matters finally reached such an acute stage that early in 1900 Edward 
 A. Putnam, one of those who had settled in the country under the mistaken idea 
 that he would be protected in his rights, began a systematic effort to have the 
 illegal inclosure removed. Putnam naturally concluded that inasmuch as he was 
 an actual settler in the neighborhood, and was endeavoring, in a small way, to 
 get along in life, besides being an American citizen as well, that he had just as 
 much right to the use of the unappropriated lands as anybody else, and only 
 found out his mistake when he attempted to carry out some of his foolish ideas 
 by driving a band of stock onto the disputed territory. Then it was that he was 
 made to feel the iron heel of despotism, and to realize that a poor man has about 
 as much show where a big corporation is involved, as a snowball would for 
 perennial existence in the lower regions. 
 
 He was not only threatened by hired thugs of the company, but upon more 
 than one occasion was actually assaulted for his audacity in daring to infringe 
 upon the assumed prerogative of aggregated wealth. This sort of thing became 
 wearisome in time, and as a last resort he told his troubles to Binger Hermann, 
 then Commissioner of the General Land Office. In this respect his efforts re- 
 sembled an attempt to convict someone for illicit distilling before a jury of moon- 
 shiners, as Hermann was about as closely allied to anything inimical to the 
 people's interests as a person could possibly be without too much publicity. After 
 much persuasion, however, he sent Special Agent C. E. Loomis (he of 11-7 notor- 
 iety) to investigate the alleged illegal inclosure — with the usual result. Loomis 
 made his headquarters at the residence of H. H. Hendricks, secretary and gen- 
 eral manager of the Butte Creek Land, Livestock & Lumber Company, while he 
 was on this mission, and of course was lavishly entertained by his host during 
 his stay in Fossil, so that when the special agent sent in his report to Washington 
 it told of nothing but a philanthropic purpose on the part of the cattle barons. 
 
 Page 358 
 
John H. Hall, former United States Attorney for Oregon, who was dismissed 
 
 from office and later convicted for shielding his 
 
 crooked political friends 
 
Hcnnann was e(|uall\' ready to believe all this, because Hendricks at one time had 
 been the tutor of his children, and the Commissioner was susceptible to sympa- 
 thetic influences. 
 
 ^'ears went by without any definite results from the numenjus complaints 
 of the settlers, many of whom became disheartened and left the country. Not so 
 with Putnam, however. He kept pe^j^in^ away at the Land Department in Wash- 
 ington until at la.st Special Agent E. D. Stratford (he of Kribs and C. A. Smith 
 fame) was detailed to investigate conditions. It was the same old story about 
 everything being all right, and again the settlers were left in the lurch, and again 
 there was another exodus from the struggling homesteads. Putnam must have 
 sprung from Revolutionary stock, however, as he never gave up ho])e — or at least, 
 if he did. it had been re])laccd by a determination to fight it out on that line if it 
 took all summer. 
 
 Mis letters, crude in composition, but wonderfully impressive, kept piling 
 up in the General Land Office until they became traditions. He sent maps drafted 
 with lead pencil on brown wrapping paper from a country store showing the 
 extent to the depredations, but Hermann was too busy to pay any further attention 
 to them, and in his desperation the aid of the United States Attorney for Oregon 
 was invoked in suj^pressing the evils. Not being well up in the world on such 
 matters. Putnam thought that anything relating to the Department of Justice was 
 all that its name implied, but he failed to take the fact into consideration that 
 John H. Hall was the United States Attorney before whom his grievances 
 were laid. 
 
 The evidence produced during the trial of Hall indicated that about the 
 only active interest displayed in the matter by the LInitcd States Attorney was to 
 use the situation as a club for forcing Steiwer — who was a candidate for State 
 Senator — to vote for the election of Charles W. Fulton as United States Senator, 
 it being shown that Hall was an aspirant for re-appointment, and that both Fulton 
 and Senator Mitchell could be relied upon to support him for the position. It 
 was brought out by the testimony of Steiwer himself that Hall had made intima- 
 tions to him of a nature to convey this idea, and Hendricks testified also that 
 Hall and himself had discussed this feature of the situation at a private confer- 
 ence. At all events, after Fulton had been elected to the United States Senate, 
 in which he was aided by Steiwer's vote — as he only received eleven majority at 
 the legislative session in February, 1903 — nothing further was done in connection 
 with the charge of maintaining the illegal inclosure until quite a while afterwards. 
 
 At this juncture Putnam and his associates became disgusted with condi- 
 tions, and finally ai)pealed to Secretary of the Interior Hitchcock. The latter 
 lost no time in ordering an investigation, with the result that Edward W. Dixon, 
 at that time a Special Agent of the General Land Office, but now Chief of Field 
 Division No. 3, was directed to make a careful inquiry into the situation. In 
 their letter to Secretary Hitchcock appealing for aid, the settlers had declared 
 that inasmuch as President Roosevelt had been a "rough rider," it was proper that 
 one of the same type should be sent to make the investigations, instead of some 
 person content to lay around comfortable quarters and take the word of those 
 interested that there had been no violations of law. In this respect, Dixon an- 
 swered every requirement of the settlers, as he w'as a man of determined char- 
 acter, in addition to being thoroughly honest and incorruptible. It was such a 
 novelty, in fact, for the settlers to come in contact with him, after their experience 
 with special agents of the Loomis and Stratford stripe, that it became difficult 
 for them to realize that their long and earnest prayers for salvation were about 
 to be answered. His coming, in fact, was on a par with the relief of the be- 
 leagured garrison at Lucknow by the Highlanders during the Sepoy insurrection, 
 and was certainly equally as welcome. 
 
 Dixon did not let the grass grov\' under his feet when he found out that 
 the settlers had not misrepresented anything in their complaints. In short, he 
 soon ascertained that they had been extremcl} modest in that regard, and 
 
 Page 360 
 
Edward A. Putnam, star witness for the Government in the Hall 
 
 case, whose persistency brought about the suppression of the 
 
 Butte Creek Land, Livestock & Lumber Company's 
 
 efforts to illegally inclose nearly 20,000 acres 
 
 of public land in Wheeler County, Ore 
 
 proceeded to lay all the facts before United States Attorney Hall, accompanied by 
 the recommendation that criminal action be taken at once against the officers of 
 the ofifending corporation, as despite their repeated assurances, they had taken no 
 steps to remove any of the illegal obstructions. 
 
 Instead of complying with Dixon's recommendations, Hall brought a civil 
 suit against the company, and in almost the same breath began criminal actions 
 against several stockmen of minor importance who had been guilty of illegal in- 
 closures to the extent of a few hundred acres in each case. Hall's efforts to 
 protect his political associates and shield those "higher up," in this and other 
 respects, eventually caused his removal from office and subsequent indictment on 
 a conspiracy charge. 
 
 Page 361 
 
The testimony at the trial of Hall assumed a wide latitude, the Government 
 being permitted to not only expose the entire scheme of the Butte Creek Com- 
 pany, and by this process implicate the defendant in an effort to protect those 
 "higher up," but was allowed to delve into a great deal of Oregon's political his- 
 tory. It was during the progress of the case that Mr. Heney made his famous, 
 speech against Senator Fulton, before an audience that filled the First Congre- 
 gational Church in Portland to overflowing, in which Mr. Fulton was ch.irged 
 with having handled the sack at the notorious "hold-up" session of the Statn Leg- 
 islature in 1897. at which John II. Mitchell sought re-election as United biates 
 Senator. 
 
 It was shown further from the developments of the Hall case that while 
 he was United States Attorney he had been guilty of shielding those having a 
 political pull, and had used his official position as a menace to those who were 
 standing in the way of his ambitions. In this manner he had caused George C. 
 Brownell. the political leader of the Republican party in Clackamas county. 
 Oregon, and speaker of the State Senate, to withdraw his name as a candidate 
 against Hall for United States Attorney, the latter claiming to be in possession 
 of evidence that Brownell had been connected with the forgery of names to 
 applications for Government surveys. It was proven afterwards, through the 
 confessions of Henry Meldrum, the convicted United States Surveyor-General, 
 that Meldrum had himself forged the signatures, and that Brownell had nothing 
 whatever to do with it, Meldrum having surreptitiously used his notarial seal and 
 attached Brownell's name to the documents without his knowledge or consent. 
 When these facts became known to Francis J. Heney, he recommended the dis- 
 missal of the indictment against Brownell, and in conformity therewith Judge 
 Wolverton wiped the case oft' the docket. 
 
 Another instance of Hall's inactivity where influential interests were in- 
 volved was brought out in connection with the testimony of W. E. Burke, a mem- 
 ber of the Oregon Legislature in 1894, who told of being employed by A. B. 
 Hammond in 1899 in connection with William G. Gosslin, Hammond's secretary, 
 when, with Gosslin's assistance, he induced twenty unemployed men that were 
 picked up in the North End of Portland, to file on timber land at the Oregon City 
 Land Office, each of the twenty illegal entrymen being paid $2 for their services. 
 The witness explained that the men did not take the land with the intention of 
 acquiring it for themselves, but did so with the understanding that they w^ere to 
 hold the land temporarily, and to execute relinquishments that were to be filed 
 as soon as Burke and Gosslin received from Hammond lieu land scrip to plaster 
 on the land when it was relinquished. He explained further that representatives 
 of the Northern Pacific were after the same timber land, and that the course 
 adopted by himself and Gosslin was the only means by which they could keep the 
 rival land gobblers from acquiring the desired claims, which adjoined each other 
 in a district of valuable timber. 
 
 Burke said that he afterwards related the facts attending the transaction to 
 the United States Grand Jury, wdiich was in charge of Edw'in Mays, and by 
 which an indictment was returned October 19. 1899, charging himself. Gosslin 
 and the twenty entrymen with conspiracy to defraud the Government by perjury. 
 He stated al.so that Senator Fulton, assisted by Henry E. McGinn, a Portland 
 attorney, was employed by Ilannnond to defend those involved in the indictment. 
 
 On cross-examination, Burke admitted that he had never discussed the 
 subject with Hall, although it is evident the latter was familiar with all the cir- 
 cumstances. In answer to another question by Heney, the witness said that 
 Charles H. Carey and F. P. Mays were the attorneys for the Northern Pacific, 
 and that while Hammond did not get the lands that were originally filed upon, 
 he understood that eventually the twenty quarter sections were divided between 
 the rival companies. 
 
 William G. Gosslin. who followed, corroborated the testimony of Burke. 
 It was while Gosslin was on the stand that Heney introduced telegrams that had 
 
 Page 362 
 
Edward W. Dixon, Chief of Field Division No. 3 
 
 embracing State of Washington and western 
 
 portion of Idaho, who rendered material 
 
 aid in uncovering the Oregon land 
 
 frauds 
 
 passed between Hall and Binger Hermann, and also a letter from Hall to Her- 
 mann, all relating to the claims that had been filed on by the men in charge of 
 Burke and Gosslin. In the first telegram Hall notified Hermann that the men 
 who had been indicted on the conspiracy charge had ofifered to compromise the 
 case by forfeiting their filing fees and would execute relinquishments to the land 
 that had been filed on in consideration of a dismissal of the indictment. He 
 asked Hermann what he should do. 
 
 With his characteristic shrewdness, the ex-Land Commissioner replied that 
 the case not being before the Department, it was up to Hall to do what the facts 
 and circumstances in the case warranted. But this did not satisfy the District 
 Attorney, who subsequently wrote a letter to Hermann, in which he detailed the 
 circumstances attending the filing on the land and the evidence on which the in- 
 dictment had been returned. 
 
 C. B. Moores, Register of the Oregon City Land Ofiice from October, 
 1897, to May, 1903, identified a letter dated October 12, 1899, in which he had 
 
 Page 363 
 
advised Hall of the suspicious characlcr of the twenty filini^s that had been made 
 bv the men in charge of Gosslin and lUirke. Further testimony was introduced 
 bv the Government to establish its contention that while Hall knew of the illegal 
 acts he never ])rosecuted any of the offenders, on account of their pull, and tliat 
 eventually the indictment against the accused was dismissed. 
 
 As further proof that Hall had been derelict in his duties, it was brought 
 out at the trial that in the case of Claude Thayer, the United States Attorney 
 had completely ignored the charges of Special Agent Edward N. Deady that 
 Thayer had been guilty of a cons]Mracy to defraud the (jovernment of a large 
 tract of timber in Tillamook county. The facts as uncovered by Deady during 
 his investigations, and corroborated by abundant proof, were as follows: 
 
 In September, 1899. Claude Thayer, president of the Bank of Tillamook 
 and a son of the late Governor Thayer, of Oregon, had induced eighty-eight per- 
 sons to make timber entries in Township 2 North, Ranges 6 and 7 West, Tilla- 
 mook county. They were mostly aged persons who were incapable, physically, of 
 making personal examination of the land, as required by law. although they all 
 took the necessary oath that they had inspected each subdivision. It developed 
 during Deady's investigations that Thayer had paid all the Land Office expenses 
 incident to the filings, and nine weeks after tl|e entries were made at the Oregon 
 City land Office, final proofs were offered on each claim. The Register and 
 Receiver were obligated to refuse to issue the final certificates for the reason that 
 Secretary Hitchcock had ordered a suspension thereof in connection with Oregon 
 timber entries until such time as the Special Agents of the Land Department 
 could investigate their validity. Deady had shown that the eighty-eight entry- 
 men in question were under contract to deed their claims to Thayer as soon as 
 final proof was made, and were to receive $150 each for their rights. It had de- 
 veloped also that at the time of offering proof one entryman had made a tender 
 of the $400 purchase price of his claim, the acceptance of which was declined 
 bv the Land Office officials, and that he had thereupon handed the amount to 
 one of the other entrymen, who had made the same sort of tender. In this way 
 the one payment of $400 answered the purpose of a tender for the entire eighty- 
 eight claims. 
 
 Shortly after this the so-called proof had been made, Thayer saw break- 
 ers ahead, and consulted with F. P. Mays relative to overcoming the threatened 
 difficulties. Mays suggested, as a means of throwing the Government agents off 
 the scent, that arrangements should be made with the Northern Pacific whereby 
 the railway corporation should file a selection list covering the lands embraced in 
 the eighty-eight claims. Mays was one of the attorneys for the Northern Pa- 
 cific, and therefore in a position to make this recommendation. The lieu selections 
 were ofi'ered accordingly, but were rejected by the local Land Office as being in 
 conflict with the eighty-eight timber entries, the idea being to cloud the issue to 
 such an extent that it would tie up the land temporarily and have a tendency to 
 prevent bona fide claimants from interfering in the acquisition of title. 
 
 In January. 1900, or about a month after the Northern Pacific had at- 
 tempted to select the lands, Charles E. Hays, a timber locator of Portland, filed 
 contests on all the eighty-eight entries, alleging in his affidavit that the latter 
 were fraudulent, and furthermore that the Northern Pacific lieu selections had 
 been made for collusive purposes. Hays won out on his contest, with the result 
 that the eighty-eight entries were cancelled by the Land Department, and the 
 Northern Pacific, on July 10, 1900, voluntarily withdrew its contest. 
 
 These facts were brought to the attention of the Federal Grand Jury In- 
 Special Agent Deady, who declared that Hall refused to proceed against Thayer 
 and the others involved, contending that the statute of limitations had run against 
 their ofi'enses. In consequence no indictment was returned, and even if one had 
 been, it would have been futile, as Hall was determined to ]:)rotect his friend 
 Thayer, and had announced that he would not prosecute the latter, according to 
 Deady's statement on the witness stand. It is interesting to note that notwith- 
 
 Page 364 
 

 
 
 
 
 
 
 
 
 
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 The accompanying mal> indicates the illegal fencing of government land in Wheeler County, Oregon, by the 
 Butte Creek Land, Livestock & Lumber Company, of Fossil. It is claimed that 18,360 acres of 
 public lands were embraced in this inclosure, which was used entirely by the big corporation as a 
 pasture to the exclusion of all adjacent homesteaders. Tracts marked with an X, as shown on the 
 map, are unappropriated government lands. The dotted lines indicate the system of fencing 
 employed by the corporation, while the lines noted by the cross-marks represent the "rim-rock, " or 
 immense ledges that were used to form portions of the chain fence. The general policy of the company 
 seems to have been to connect the rim-rock with the system of fences by the aid of "dummy" home- 
 stead entries, upon which their lines of fencing were constructed as rapidly as the filings were made. 
 For shielding the officers of the company against criminal prosecution, John H. Hall was dismissed 
 from office, and later convicted by a jury in the Federal Court at Portland, Oregon. 
 
 Standing Hall's contention that the statute of limitations had run against their 
 criminal liability in 1903, when the matter was before the United States Grand 
 Jury, Thayer and associates were indicted September 2, 1905, for the same offense, 
 at the suggestion of Mr. Heney, who held that the criminal responsibility of the 
 accused was still active at that date. 
 
 Those involved in this indictment were Claude Thayer, Clark E. Hadley, 
 Maurice Leach, Walter J. Smith (since deceased), Thomas Coates, John Tut- 
 tle, Charles E. Hays and G. O. Nolan, all of whom, with the exception of Hays, 
 were prominent residents of Tillamook county. Later the case against Hays 
 was dismissed, as it was established to Mr. Heney's satisfaction that he had never 
 been connected with any fraudulent effort to acquire the lands. On the con- 
 trary. Hays filed a motion in Court during the July term in 1906, wherein he 
 claimed the credit of having first called the attention of Secretary Hitchcock to 
 
 Page 365 
 
the scope of the Oresi^on land frauds through Rev. Joseph Schell, a CathoUc 
 priest. In his petition asking for a separate trial, Hays set forth many interest- 
 ing facts in connection w ith the matter, and as his statements throw considerable 
 light upon the general system in vogue by which large tracts of valuable timber 
 were secured through the "dummy" process of entry, a portion of the petition 
 is presented herewith : 
 
 "That in the spring of 1901, and after Alma Baker and others named in 
 the indictment, had filed on the lands set forth in the indictment. I was introduced 
 by Mr. \V. G. Howell to C. E. Loomis, then Special Agent of the General Land 
 Office, at which time I disclosed to that Government official the facts that I had 
 learned in relation to the acts of said Thayer, Hadley, Leach, Nolan, Tuttle, 
 Smith and Coates, and requested said Loomis, as such Government official, to 
 make an investigation thereof to the end that said parties might be prosecuted in 
 the Courts of the United States for their unlawful acts; that nothing came of 
 my interview with said Loomis, and in the Autumn of 1901, I went to J. A. 
 Sladen, a Commissioner of the United States Circuit Court for the District of 
 Oregon, and requested from said official a warrant charging said Thayer, et al., 
 with the crime of conspiracy, and was by said Sladen referred to the United 
 States Attorney for the District of Oregon as the proper person to apply for 
 such warrant, and was introduced by said Sladen to Edwin Mays, Assistant 
 United States Attorney for the District of Oregon. 
 
 "That I laid the case before said Mays, but he declined to act unless 
 authorized to do so by John H. Hall, then United States Attorney for Oregon, 
 his superior officer; that I went repeatedly to the United States Attorney's office 
 to see Hall, but was always denied an interview, first on one pretext and then 
 another. Knowing of no other official to make application to in order to bring 
 the parties to justice, I furnished, at my own expense, the Rev. Joseph Schell with 
 affidavits and copies of all documents which I had obtained disclosing the con- 
 spiracy, who thereupon proceeded to Washington, D. C, and laid the matter be- 
 fore the Department of the Interior, resulting, as I am informed and believe, in 
 the assignment of Special Inspector A. R. Greene to this district for the purpose 
 of investigating the frauds charged against said Thayer, Hadley, Leach, Nolan, 
 Tuttle, Smith and Coates. 
 
 "That on August 26, 1902, the day on which I am charged with conspiring 
 with these defendants, I was present at the Oregon City Land Office with Dan 
 R. Murphy, my attorney, and through the latter waived the benefit I might 
 derive through a motion to close the case filed in the contest of Hays vs. Allen 
 (said contest case being one of those referred to in the indictment) and with- 
 drew my motion in order to accommodate the officers of the Government, agree- 
 ing that said case might be referred to Edward N. Deady, to take the testimony 
 of contestee therein and his witnesses, Claude Thayer, Clark Hadley, Maurice 
 Leach and Thomas Coates, at Tillamook, Oregon, the Government officials 
 agreeing with me that if said testimony were given before said Deady that the 
 frauds alleged in the indictment would be laid bare, and facts elicited upon which 
 to predicate an indictment as against said Thayer, et al. In order to disclose 
 said frauds and secure indictments, I paid my attorney to accompany said Special 
 Inspector Greene and referee Deady to Tillamook for the purpose of taking said 
 testimony. 
 
 "That in the Autumn of 1902, when the United States Grand Jury for 
 the District of Oregon was examining into the conspiracy charged in the indict- 
 ment herein, I did all in my power to aid and assist Edward N. Deady, then 
 Special Agent of the General Land Office, in gathering the facts against Thayer, 
 et al., and fully and freely disclosed to him all the circumstances tending to show 
 the guilt of said Thayer, et al.. elicited by me during the time I had been con- 
 testing in good faith said fraudulent efforts to acquire the lands in question. 
 That I am convinced that if it had not been for my contests and the ceaseless 
 warfare waged by me against the fraudulent entries set forth in the indictment. 
 
 Page 366 
 
that the lands described therein would have long since gone to patent, and the 
 unlawful designs of said Thayer and others would have been successful. 
 
 "That I have, by every means in my power, endeavored to thwart the 
 unlawful designs of said Thayer, et al, and have, through my contests, procured 
 the absolute forfeiture of $5,356, paid by said Thayer, et al, into the Oregon 
 City Land Office for thirteen claims situate in the same townships and ranges 
 as the lands mentioned in the indictment, besides causing said parties to expend 
 a large sum of money in defending the contests waged by me. 
 
 "That said Thayer, Hadley, Leach, Nolan, Tuttle, Smith and Coates are 
 well aware of the steps taken by me to prevent them reaping the harvest they 
 had planned, as above set forth, and by the position I have taken I have incurred 
 the ill will of each and all of them, and any attorney employed by them, if en- 
 trusted in the slightest degree with my defense, would, if loyal to them, be com- 
 pelled to suppress testimony necessary to be adduced to establish my innocence, 
 as such testimony would tend to show the guilt of Thayer, Hadley, Leach, 
 Nolan, Tuttle, Smith and Coates." 
 
 Hall was defended by Lionel R. Webster, County Judge of Multnomah 
 County, Oregon, who made a remarkable fight for his client's liberty, but without 
 any apparent effect, as the jury lost little time in finding the ex-United States 
 Attorney guilty as charged in the indictment. An appeal has been taken from 
 the verdict, pending which Hall is out on bonds. 
 
 With such marked ability was the defense of Hall conducted by Judge 
 Webster, that Mr. Heney took occasion to compliment the Portland lawyer dur- 
 ing the course of his argument, and called attention to the fact that it was the 
 only case in which there had not been more or less friction between counsel for 
 the opposing sides. 
 
 George C. Brownell, the "Pretty Moth" of Oregon politics, whose wings 
 
 were somewhat scorched by too close contact with 
 
 the land fraud limelight. 
 
 Page 367 
 
Chapter XXIV 
 
 Under the guise of creating a National Park from the bleak territory surround- 
 ing Mt. Rainier, Congress enacts a measure giving the Northern Pacific 
 Railroad Company autocratic pozccrs in the selection of Government lands, 
 and oiables the Hill corporation to exchange its worthless holdings for 
 valuable tracts in every State penetrated by its lines — Hoic the Land 
 Department, under the Bollinger regime has aided the Northern Pacific 
 zi'ith its lieu selections — H'ith less than thirty miles of constructed road in 
 Oregon, the raiki'ay company is empoivercd by Congress to make selec- 
 tion of more than ^00,000 acres of valuable timber lands in that State — 
 The bulldozing manner in which settlers are prevented from taking home- 
 stead claims. 
 
 THE entire idea of making- a National I'ark out of the unprepossessing coun- 
 try surrounding Mt. Rainier, was clever in the extreme. It was the work of a 
 master mind, because there was no more necessity for endowing this region 
 with such exclusiveness than would exist in the contemplation to create National 
 Parks out of every high mountain peak in the country. In short, Mt. Rainier 
 owes its distinction in this respect to the fact that the Northern Pacific Railroad 
 Company owns a lot of land in the neighborhood. Had the Jim Hill corporation 
 possessed the odd-numbered sections adjacent to Mt. Shasta, in California, Mt. 
 Hood, in Oregon, or Mt. Anything, in Anywhere, there is no question but what 
 Congress would have wisely recognized the utmost importance of making Na- 
 tional Parks out of them also. Hence, good fortune must have smiled upon Mt. 
 Rainier with peculiar blessings when old Nature itself took a hand in the game 
 ages before anything human was ever dreamed of, and reared the snow-capped 
 summit of the mountain 'mid territory that millions of years later, perhaps, fell 
 within the granted limits of the Northern Pacific. 
 
 In no essential particular, hov/ever, was the ingenuity of the plan to make 
 Mt. Rainier a National Park more clearly defined than was contained in the 
 cunning arrangement to permit the Northern Pacific to have the right of selection 
 of unsurveyed lands of the United States in exchange for the worthless portions 
 of its holdings in the entire Mt. Rainier Forest Reserve as well as the 5sational 
 Park. This National Park idea was a subterfuge from the start to cloak the 
 real intentions of the corporation, and was calculated to lull the public into the 
 belief that Congress was moved by consideration of deep public interest when it 
 enacted the measure that made the National Park possible. 
 
 It should be borne in mind that the Mt. Rainier Forest Reserve was es- 
 tablished February 22, 1897 — two years before the National Park of that name 
 — and embraced a much greater scope of country. It included all of Mt. Rainier, 
 besides a vast area adjacent thereto, aggregating 2,565,760 acres, of which the 
 railway company owned practically one-half, and while it enjoyed the same 
 rights as others under the Act of June 4, 1897, applicable to forest reserves, 
 and could exchange its lands in the reserve for any unappropriated lands of the 
 United States, it had no exclusive privileges, such as would accrue under a 
 special Act, and it is the purpose to show herein how this seeming obstacle was 
 overcome. In order to circumvent any possible future ho.stile legislation, and at 
 the same time clothe the great railway corporation with a complete monopoly 
 along certain lines — after the fashion of starting a back fire — the company on 
 March 2, 1899, caused the passage of an Act setting aside a comparatively small 
 
 Page 368 
 
Map of the Mt. Rainier Forest Reserve, showing ihe position of the Mt. Rainier National Park, 
 which was created for the special benefit of the Northern Pacific Railroad Company, 
 that the Hill corporation might be enabled to exchange its worth- 
 less holdings for the cream of creation. 
 
proportion of the Rainier Mountain Forest Reserve as a National Park. It 
 was a veritable "wheel within a wheel" proposition, and it has never developed 
 why any such action was necessary as a measure of common interest. 
 
 So far as Mt. Rainier was concerned, the forest reserve laws protected 
 it fully as much as it could possibly be under the laws governing National 
 Parks, hence the scheme of creating a National Park was in reality a cloak for 
 some hidden purpose. In order to indicate precisely what that purpose was, 
 there is presented herewith the full text of the bill creating the National Park. 
 There is nothing on the face of the measure to show that it had to do with any- 
 thing except the proper pri)tection of natural wonders that could not be pre- 
 served in any other way. Other National Parks were in existence at the time, 
 so what objections could there be to adding to the list? The wonders of Yellow- 
 stone are thus guarded ; so are those of the Yosemite Valley, the Calaveras Big- 
 Trees, and other notable points of interest throughout the country, but then it 
 must be considered that they are marvelous attractions, and besides were not 
 included in any forest reserve at the time of being converted into National 
 Parks. True, the Crater Lake National Park was cut out of the Cascade Forest 
 Reserve, but there are no signs that anybody got the benefit of exclusive privi- 
 leges by the operation. It is between the lines of the Act creating the Mt. Rain- 
 ier National Park where its worst features exist — where the "nigger in the 
 woodpile" may be observed in all his sable glory — and it is this phase of the sit- 
 uation that shall be analyzed in detail during the course of this article. 
 
 The original Pacific Forest Reserve was located where the Mt. Rainier 
 National Park now is. It included an area about twice as large as the present 
 park and was proclaimed by the President, February 20, 1893. By a second 
 proclamation, February 22, 1897, this Pacific Forest Reserve and a large addi- 
 tion was proclaimed to be the Mt. Rainier Forest Reserve. By act of IVIarch 2, 
 1899, the Mt. Rainier National Park was created. The Mt. Rainier Forest 
 Reserve was withdrawn from settlement ]\'Iarch 1. 1898. Recent additions were 
 made March 2, 1907. What was called the Mt. Rainier Forest Reserve is now 
 known as the Rainier National Forest. The law establishing the latter reads as 
 follows : 
 
 CHAP. 377. — An Act To set aside a portion of certain lands in the State of 
 Washington, now known as the Pacific Forest Eeserve, as a public park, to be known as 
 the Mount Eainier National Park. 
 
 Be it enacted by the Senate and House of Kepresentatives of the United States 
 of America in Congress assembled, that all those certain tracts, pieces, or parcels of land 
 lying and being in the State of Washington, and within the boundaries particularly 
 described as follows, to-wit: Beginning at a point three miles east of the northeast 
 corner of township numbered seventeen north, of range six east of the Willamette mer- 
 idian; thence south through the central parts of townships numbered seventeen, sixteen, 
 and fifteen north, of range seven east of the Willamette meridian, eighteen miles, more or 
 less, subject to the proper easterly or westerly offsets, to a point three miles east of the 
 northeast corner of township numbered fourteen north, of range six east of the Willam- 
 ette meridian; thence east on the township line between townships numbered fourteen 
 and fifteen north, eighteen miles, more or less, to a point three miles west of the north- 
 east corner of township fourteen north, of range ten east of the Willamette meridian; 
 thence northerly subject to the proper easterly or westerly offsets, eighteen miles, more or 
 less, to a point three miles west of the northeast corner of township numbered seventeen 
 north, of range ten east of the Willamette meridian (but in locating said easterly bound- 
 ary, wherever the summit of the Cascade Mountains is sharply and well defined, the said 
 line shall follow the said summit, where the said summit line bears west of the easterly 
 line as herein determined); thence westerly along the township line between said towii 
 ships numbered seventeen and eighteen to the place of beginning, the same being a por- 
 tion of the lands which were reserved from entry or settlement and set aside as a public 
 reservation by proclamation of the President on the twentieth day of February, in the 
 year of our Lord eighteen hundred and ninety-three, and of the Independence of the 
 United States the one hundred and seventeentli, are hereby dedicated and set apart as 
 a public park, to be known and designated as the Mount Eainier National Park, for the 
 benefit and enjoyment of the people; and all persons who shall locate or settle upon or 
 occupy the same, or any part thereof, except as hereafter provided, shall be considered 
 trespassers and be removed therefrom. 
 
 Page 370 
 
Sec. 2. That said public park shall be uuder the exclusive control of the Secre- 
 tary of the Interior, whose duty it shall be to make and publish, as soon as practicable, 
 such rules and regulations as he may deem necessary or proper for the care and manage- 
 ment of the same. Such regulations shall provide for the preservation from injury or 
 spoilation of all timber, mineral deposits, natural curiosities, or wonders within said park, 
 and their retention in their natural condition. The Secretary may, in his discretion, 
 grant parcels of ground at such places in said park as shall require the erection of build- 
 ings for the accommodation of visitors; all of the proceeds of said leases, and all other 
 revenues that may be derived from any source connected with said park, to be expended 
 under his direction in the management of the same, and the construction of roads and 
 bridle paths therein. And through the lands of the Pacific Forest Eeserve adjoining said 
 park rights of way are hereby granted, under such restrictions and regulations as the 
 Secretary of the Interior may establish, to any railway or tramway company or companies, 
 through the lands of said Pacific Forest Eeserve, and also into said park hereby created, 
 for the purpose of building, constructing, and operating a railway, or tramway line or 
 lines, through said lands, also into said park. He shall provide against the wanton 
 destruction of the fish and game found within said park, and against their capture or 
 destruction for the purposes of merchandise or profit. He shall also cause all persons 
 trespassing upon the same after the passage of this Act to be removed therefrom, and 
 generally shall be authorized to take all such measures ^ shall be necessary to fully 
 carry out the objects and purposes of this Act. 
 
 Sec. 3. That upon execution and filing with the Secretary of the Interior, by the 
 Northern Pacific Eailroad Company, of proper deed releasing and conveying to the United 
 States the lands in the reservation hereby created, also the lands in the Pacific Forest 
 Reserve which have been heretofore granted by the United States to said company, 
 whether surveyed or unsurveyed, and which lie opposite said company's constructed road, 
 said company is hereby authorized to select an equal quantity of non-mineral public lands, 
 so classified as non-mineral at the time of actual Government survey, which has been or 
 shall be made, of the United States not reserved and to which no adverse right or claim 
 shall have attached or have been initiated at the time of the making of such selection 
 lying within any State into or through which the railroad of said Northern Pacific Eail- 
 road Company runs, to the extent of the lands so relinquished and released to the United 
 States: Provided, That any settlers on lands in said National Park may relinquish their 
 rights thereto and take other public lands in lieu thereof, to the same extent and under 
 the same limitations and conditions as are provided by law for forest reserves and 
 National Parks. 
 
 Sec. 4. That upon the filing by the said railroad company at the local land office 
 of the land district in which any tract of land selected and the payment of the fees 
 prescribed by law in analogous cases, and the approval of the Secretary of the Interior, 
 he shall cause to be executed, in due form of law, and deliver to said company, a patent 
 of the United States conveying to it the lands so selected. In case the tract so selected 
 shall at the time of selection be unsurveyed, the list filed by the company at the local 
 land oflBce shall describe such tract in such manner as to designate the same with a reas- 
 onable degree of certainty; and within the period of three months after the lands in 
 eluding such tract shall have been surveyed and the plats thereof filed by said local land 
 office, a new selection list shall be filed by said company, describing such tract according 
 to such survey; and in case such tract, as originally selected and described in the list 
 filed in the local land office, shall not precisely conform with the lines of the official 
 survey, the said company shall be permitted to describe such tract anew, so as to secure 
 such conformity. 
 
 Sec. 5. That the mineral land laws of the United States are hereby extended to 
 the lands lying within the said reserve and said park. 
 
 Approved March 2, 1899. 
 
 Could the human mind conjure a more cunning device for flim-flamming 
 the pubHc than is contained in this measure? Consider all phases of the situation, 
 and what is the result? Here was a vast extent of country already embraced 
 within the protecting folds of a forest reservation, and within the limits of which 
 the Northern Pacific Railroad Company owned fully 1,000,000 acres of various 
 kinds of lands — good, bad and indifferent — all available for use as base in the 
 selection of other lands under the Act of June 4, 1897. In order to clothe itself 
 with even greater and more exclusive privileges than were enjoyed under the 
 Forest Reserve Act, the company — through its hirelings in Congress — secures 
 the passage of a law so cleverly drawn that it operates as a blanket in the better 
 protection of the Company's base lands. The process was simple enough after 
 it is understood properly; by creating a National Park within the limits of an 
 established forest reserve, and inserting a sufficient quantity of ''jokers" in the 
 measure, making the National Park project possible, the railway corporation is 
 
 Page 371 
 
James Henry Booth, ex-Receiver of the United States Land Office, at Roseburg, Ore., who 
 
 was removed from his position and indicted on account of too close 
 
 connection with fraudulent land operations 
 
 not only endowed with exclusive privileges, but the scheme is executed in such 
 an artistic manner as to convey the idea that a great ])ublic benefit has been 
 accomplished; whereas, the whole thing is a low-down means of granting the 
 Northern Pacific extraordinary powers in the selection of lands in lieu of iti> 
 worthless holdings in the two reserves. The Act of June 4, 1897, did not give 
 the railway corporation enough margin in this respect, so the National Park idea 
 was played up for all it was worth. 
 
 It is evident, that from the moment the plot was conceived of making a 
 National Park — and incidentally letting down the bars for the Northern Pacific 
 to get in on the ground floor with its lands in the big forest reserve — the cor- 
 poration had its hungry eyes fastened upon the rich unsurveyed townships of 
 Oregon, Washington. Idaho, and other States penetrated by its lines. Like 
 charity, this law creating the National Park covered a multitude of sins, and no- 
 where was this idea more clearly outlined than in the clause that has permitted 
 the company to operate with a free hand in the selection of tracts in townships 
 that were not subject to entry through any other process. Under this privilege 
 the Northern Pacific has filed scIecticMi lists covering upwards of 50.000 acres 
 of unsurveyed lands in Oregon alone, with several States yet to hear from. 
 The clause referred to provides as follows: 
 
 Page 372 
 
"In case the tract so selected shall, at the time of selection, be unsurveyed, the 
 list filed by the company at the local land office shall describe such tract in such manner 
 as to designate the same with a resonable degree of certainty; and within the period of 
 three months after the lands including such tract shall have been surveyed and the plats 
 thereof filed by said local land office, a new selection list shall be filed by said Company, 
 describing such tract according to such survey; and in case such tract, as originally 
 selected and described in the list filed in the local land oflace, shall not precisely conform 
 with the lines of the official survey, the said Company shall be permitted to describe such 
 tract anew, so as to secure such conformity. ' ' 
 
 In other words, it is not only given the perpetual right of doing something 
 that none others are allowed to do — fde on unsurve3^ed lands — but is further 
 granted the privilege of cruising everything in the township, and then, if it finds 
 that any mistake has been made in the matter of securing the cream of the 
 timber, it is privileged to float its base around like a bogus Mexican grant and 
 light upon anything in sight worth having ! In fact, the whole bill, from begin- 
 ning to end, is a mass of subterfuge, and to say that the Congressmen who voted 
 for the measure did not know what they were doing or could not see any of its 
 glaring features, is to write them down a lot of asses. 
 
 It would have been bad enough, under the most extenuating circum- 
 stances, for Congress to have confined the operations of the Act of March 2, 
 
 1899, to the Mt. Rainier National Park alone, as the Northern Pacific owned 
 fully 100,000 acres within its confines, and the greedy corporation ought to have 
 been satisfied with that amount of plunder; btit that was not the point; the idea 
 was to bring in all the lands owned by the company in the larger area contained 
 in the Rainier Mountain Forest Reserve — aggregating about 1,000,000 acres — 
 and this Congress has succeeded in doing with a vengeance, as may be seen by 
 reference to the third section of the Act creating the Mt. Rainier National Park 
 which provides that "also the lands in the Pacific (Rainier Mountain) Forest 
 Reserve which have been heretofore granted by the United States to said Com- 
 pany, whether surveyed or unsurveyed," shall come under the operations of the 
 law. Those voting for the bill may seek pardon for their offense upon the 
 theory that the law gives actual settlers in the Park the same privileges as those 
 enjoyed by the great railway company, btit when it is considered that there 
 never were any settlers in the region, and that, by reason of the rough character 
 of the country, no self-respecting billy goat would even be tempted to try and 
 exist there, the humor of the allusion to "actual settlers" may be fully appre- 
 ciated. It was merely a sop to pull the wool over the eyes of those members ot 
 Congress who voted for the measure in the half-hearted belief that they were 
 aiding a lot of poor homesteaders, when as a matter of fact, they were entirely 
 unacquainted with conditions, and accepted that view of the situation as a drug 
 to their consciences in having become accessory to a highway robbery. 
 
 The whole bill is a tissue of deceit from beginning to end, because it is 
 paved with the same kind of good intentions that another place is supposed 
 to be noted for. There is a whole lot of buncombe in it about "preservation from 
 injury or spoliation of all timber, mineral deposits, natural curiosities, or ivonders 
 within said park, and their retention in their natural condition." Any ten- 
 year-old child knows that the only "natural curiosity" or "wonders" in any way 
 connected with the alleged "park" exists solely in the phraseology of the law 
 that created it. Even with this tremendous pull in the weights the Northern Pacific 
 was not satisfied, so what was its next course? Why, its henchmen in the halls of 
 National legislation adopted a protective measure so as to clinch its bargain 
 beyond any question of doubt, and here in the proceedings of the Fifty-Eighth 
 Congress (see pages 4239, 4240 and 4241, Congressional Record, March 4, 
 1905), we find Congressman Lacey, of Iowa, calling for unanimous consent for 
 the substitution of the statement for the conference report upon the repeal of 
 the forest reserve lieu land Act of June 4, 1897, and its amendments of June 6, 
 
 1900, and March 3, 1901. There being no objection, the Clerk read the state- 
 ment of the Committee instead of the full report, as follows : 
 
 Page 373 
 
"The Senate amendment provides for the repeal of the Acts of June 4, 1897. 
 June 6, 1900, and March 3, 1901, in so far as they provide for the relinquishment, selection 
 and patenting of lands in lieu of tracts covered by an iinperfected bona fide claim or 
 patent within a forest reserve It also provides for the protection of all contracts hereto- 
 fore entered into by the Secretary of the Interior on this subject. The aniendnient to tlie 
 Senate aniendnient, iiisisti'd upon iiy tlir lloiisc conferees, protects selections heretofore 
 made in lieu of lands already relinquished to the United States. ' ' 
 
 This statement was sio^ned by Congressmen John F. Lacey of Iowa, F. VV. 
 Mondell of Wyoming-, and John Lind of Miimesota, as managers on the part of 
 the House. 
 
 Of course there was a long debate on the floor involving the repeal of the 
 obnoxious "Scripper" Act of June 4, 1897. All the big corporations in the 
 country could afford to kill the law. because it had outlived its usefulness, and 
 the next move was to make a grandstand play before the country and pretend 
 to bow to the people's will, and incidentally shut the stable door after the horse was 
 gone. All these proceedings were part of the game to help along the good cause 
 for the Northern Pacific. It was a lot of horseplay calculated to fool the people. 
 By pretending virtuous indignation against the poor, old, wornout Scripper Act — 
 which really never did possess any sincere friends — the schemers in Congress were 
 enabled to throw a protecting arm around all the base belonging to the great 
 railway corporation in the Mt. Rainier Forest Reserve, as well as the Mt. Rainier 
 National Park, and practically give it a free license to do as it pleased with the 
 public domain in those States penetrated by its lines. The Jim Hill road takes 
 its different courses through the State of Washington like the uncertain wander- 
 ings of a tangled skein, and yet it has made selection of but 100,000 acres herein ; 
 it also traverses Idaho for a considerable distance, and here the records show that 
 120,000 acres have been selected for the benefit of the corporation ; while in Ore- 
 gon, its few miles of line in that State, extending from Kalama, on the Columbia 
 river, to the City of Portland, gave them a franchise, under the clever wording of 
 the Act quoted above, to select more than 320,000 acres of its best timber ! Nor is 
 this intended as any commentary upon the good taste of the Northern Pacific in 
 preferring to make selections in Oregon to other States. It simply goes to show 
 that it was worth while to build that much road in the State, even if it had to 
 let it go to rot, for the divine privilege of acquiring such a vast amount of valuable 
 property, because, had the Northern Pacific lines not penetrated Oregon to some 
 extent, it could not have selected an acre of its magnificent forests in lieu of the 
 worthless, burned-over and logged-oft' tracts in the Mt. Rainier Reserve and 
 National Park. That is as plain as day, as a careful perusal of the Act will show. 
 
 Then comes the question : How could the Northern Pacific make forest 
 reserve selection of lands in any of these States — and particularly unsurveyed 
 lands — when the Act of June 4, 1897, was supposed to be repealed? That is 
 where the fine Italian hand of the Northern Pacific comes in — because Congress, 
 in its passage of the measure repealing the Act of June 4, 1897 (no doubt, inad- 
 vertently!) very kindly clothed the Jim Hill corporation with an exclusive right 
 when it provided "for the protection of all contracts heretofore entered into by 
 the Secretary of the Interior on this subject." Which means, that the Northern 
 Pacific, having already filed with the Secretary of the Interior proper deeds 
 "releasing and conveying to the United States the lands in the reservation hereby 
 created, also the lands of the Pacific (Rainier Mountain) Forest Reserve which 
 have been heretofore granted by the United States to said company, whether 
 surveyed or unsurveyed," was entitled to select "an equal quantity of non-mineral 
 public lands, so classified as non-mineral at the time of actual Government survey, 
 which has been or shall be made, of the United States not reserved and to which 
 no adverse right or claim shall have attached or have been initiated at the time 
 of the making of such selection lying within any State into or through which 
 the railroad of said Northern Pacific Railroad Company runs, to the extent of 
 the lands so relinquished and released to the United States." 
 
 Page 374 
 
Gold dredger at work near Oroville, Butte County, California. It is claimed a fair profit is 
 made working ground that yields five cents a cubic yard by this process 
 
 This clause in the Act of March 2, 1899, has been construed by the Interior 
 Department as a contract between the Secretary of the Interior and the railway 
 corporation. If it had been a lawful contract from the start, there would never 
 have been any occasion for laying particular emphasis upon it, as a constitutional 
 provision prohibits Congress from passing any act that will impair the obligations 
 of a contract where the Government is a party; so it would seem that there was 
 some doubt upon the subject, even in the controlling minds of the great railroad 
 corporation, and as the Secretary of the Interior is vested with arbitrary power 
 in the interpretation of these fine points, the next move on the programme was 
 in the direction of making sure that there would be no question concerning the 
 confirmation of selections under the act itself. 
 
 This was the situation when James Rudolph Garfield assumed the duties of 
 Secretary on March 4, 1907. Up to that time com.paratively few of the Northern 
 Pacific selections had been patented, and those already approved by the Interior 
 Department were based upon the recommendation of chiefs of divisions. In this 
 respect the conclusions of the Commissioner of the General Land Ofiice had a 
 certain amount of influence, and whenever any difiference of opinion arose upon 
 the subject, the matter would be brought to the attention of the Secretary, who 
 usually referred it to his legal advisers. During the last days of the Hitchcock 
 administration, there was considerable friction between the Interior Department 
 and the General Land Office, for obvious reasons, and, in consequence, the opin- 
 ions of Commissioners Hermann and Richards carried little weight. Practicallv 
 everything was left to the discretion of those close to the Secretary, and where 
 there were no serious objections to a list selecting public lands, it was generally 
 approved without much ceremony. 
 
 Page 375 
 
The situation in regard to sonic of the ruHngs of the Interior l)ei)artnicnt 
 (hiring Secretary Hitchcock's a<hiiinistralion may be ]iarenthetically explained by 
 the statement that it was utterly impossible for one man to keep in constant touch 
 with the multitudinous duties of the Dcparment. Mr. Hitchcock was obliged 
 to repose a certain amount of confidence in those around him. He was forced 
 from necessity to rely upon the good judgment and integrity of his advisers, and 
 in this he was often deceived. One of those most trusted in this respect 
 was Willis \'andevanter, now a Federal judge in Colorado, but for a 
 long time head of the legal staff of the Interior Department, and the Secretary 
 left much of that branch of duty to his consideration. He prejiared most of the 
 important decisions of the Department affecting momentous questions, so that 
 the duties of the Secretary in this connection were merely perfunctory. There is 
 no doubt that had Secretary Hitchcock been in a position to analyze carefully 
 every question coming before him, some of the decisions emanating from the 
 De]iartment during his term would never have been rendered, as no one has ever 
 questioned his honesty of purpose, and his whole official career indicates that he is 
 a man of irreproachable character. 
 
 As to Mr. Vandevanter, his connection with the Interior Department i^ 
 best told in an Associated Press dispatch from Salt Lake, dated December 27, 
 1906. detailing the proceedings of the Interstate Commerce Commission in its in- 
 vestigation of the methods of acquiring coal lands by the Rio Grande Railroad and 
 its allied companies, the Utah Fuel Co.. and the Pleasant Valley Coal Co. 
 
 "During the hearing here today, a glimpse of the real power behind the 
 throne was given, when it was stated by Government Land Agents that they had 
 been compelled to see Senator Francis E. Warren, of Wyoming, regarding official 
 business of the Land Department. Senator Warren is charged with having ruled 
 the General Land Office for a number of years. It was his influence and that 
 of Senator C. D. Clarke, of Wyoming, which secured the appointment, during 
 President McKinley's administration, of Willis \'andevanter to be Assistant 
 Attorney-General for the Interior Department. X'andevanter was the legal con- 
 science of the Land Department, and had been attorney for the companies charged 
 with stealing the land." 
 
 Coincident with the beginning of the Garfield administration arose a demand 
 from somewhere that a Western man should fill the position of Commissioner of 
 the General Land Office. This office has been a hotbed of intrigue for almost a 
 generation, and it is sad to relate that some of the greatest scandals have affected 
 Western Commissioners, so just why there should have been any extraordinary- 
 call for a \\'esterner under the circumstances surpassess comprehension, unless 
 the e.x^lantion is found in subsequent events. 
 
 For some reason or other, the sentiment in favor of a Western representa- 
 tive in the General Land Office seemed to center around R. A. Ballinger, the 
 former mayor of Seattle, Wash., a city where the Northern Pacific and other Hill 
 lines controls about everything worth having in a political sense. It has been 
 asserted, in fact, that the law firm of which Mr. Ballinger is a member, has occa- 
 sionally represented the Hill lines in local litigation, and as Mr. r)allinger himself 
 was "an old college chum" of Secretary Garfield at Harvard, it was but natural 
 that he should be favorably considered. Of course, at first it required a great 
 amount of coaxing to get him to accept the position. He had a worthy precedent 
 in this respect, because it is a matter of record that Caesar thrice refused the 
 crown of Rome, if Shakespeare is of value as a historian, and it is believed that 
 Mr. Ballinger was equally modest — but he got there, just the same. 
 
 He finally consented to acce]:)t the place upon condition that as soon as he 
 had succeeded in getting the .American government — including the General Land 
 Office — in smooth running order, he should be permitted to retire to Seattle — pre- 
 sumably upon his laurels. In the meantime, what has happened ? Only this, that 
 during Ballinger's short term of office the Northern Pacific lieu selections have 
 been patented by the wholesale. 
 
 Page 376 
 
Soon after entering' upon his duties, it was shouted in clarion notes by 
 various Washington correspondents, that the new Commissioner was the Moses 
 that was going to lead the poor homesteader out of the slough of despond. With 
 little regard to the law or the significance of prevailing conditions, it was asserted 
 quite freely that the poor, honest settler was g'oing to get his patent without delay, 
 so that he could sell his land and be enabled to live in luxury the rest of his life 
 on the proceeds. It was never brought out in the course of any of these sudden 
 manifestations of assumed virtuous concern, that if a homesteader has faithfully 
 complied with the land laws, and has proven up on his claim and secured his final 
 certificate, that this evidence of title is just as good as a patent for all practical 
 purposes, and that no human power on earth can ever deprive him of his rights. 
 
 That wasn't the idea. I have before me the Portland Morning Oregonian 
 of September 3, 1907, wherein is printed more than a column tirade from the 
 pen of Harry Brown, its Washington correspondent, reflecting severely upon 
 Ex-Secretary Hitchcock for his plain duty in suspending a lot of bogus Oregon 
 homestead entries, and proclaiming that it would be Commissioner Ballinger's 
 policy to patent everything where there was no protest. In a little three line sen- 
 tence at the bottom of this article, Brown made allusion to the fact that all lieu 
 selections would also be approved, and I was forced to conclude that his 1.200- 
 word preamble about the benefits that were going to be derived by the poor, 
 honest settler, was merely the cloak to the real intentions of Commissioner Bal- 
 linger. It was simply his artistic way of breaking the news gently to the public, 
 little realizing that the American people have heard that sort of buncombe with 
 such religious frequency, that it has ceased to excite comment. 
 
 In accordance with the Commissioner's determination, as outlined by press- 
 agent process, Ballinger instructed the Chiefs of Field Divisions in Oregon, Cali- 
 fornia and Washington — and, I presume, elsewhere — to make field investigation 
 of the different homestead, timber and desert land claims within their jurisdictions, 
 and in cases where there was no evidence of fraud, or where no protest had been 
 filed within two years, that the entries should be passed to patent. When this 
 sweeping order was issued, Horace Stevens was officiating as assistant to Special 
 Inspector Thomas B. Neuhausen, who was then Acting Chief of Field Division 
 No. 1, comprising the State of Oregon. In that capacity, all the notices of inten- 
 tion to make final proof on homestead, timber and desert land entries at the 
 various United States Land Offices of Oregon came under his personal observa- 
 tion. Pursuant to instructions from headquarters, these notices of final proof 
 were sent direct to Acting Chief Neuhausen by the Registers and Receivers of 
 the Portland, Roseburg, Lakeview, Burns, La Grande and The Dalles Land Dis- 
 tricts. Fully 4,000 of these final proof notices were thus received within a very 
 short time, and as only a limited period was allowed in which to make field inves- 
 tigations, it can be readily surmised how much progress was made in this direction, 
 especially when it is considered that Acting Chief Neuhausen had but seven 
 Special Agents available for that service. 
 
 Under cover of the humane spirit displayed by Commissioner Ballinger, in 
 seeking- to have the poor, honest homesteader get his patent in a hurry, there 
 was a grand rush from all parts of the State to get aboard before the Government 
 pulled in its gangplank. Instances were numerous where claims were steeped 
 in fraud, and how many escaped detection nlay perhaps never be known, but a 
 large percentage of those investigated by the Special Agents was found to be 
 bogus, and they only represented a small proportion of the whole, as it was 
 utterly impossible for such a small force as Neuhausen had at his command to 
 consider properly so many claims, situated as they were in remote districts of 
 the State. 
 
 At all events, under cover of this seeming concern for the poor settler, the 
 lieu selection lists of the Northern Pacific have been approved without question, 
 until the corporation has practically exhausted its supply of base thrown on the 
 market by the creation of the Mt. Rainier Forest Reserve, and its bi-product, the 
 
 Page 377 
 
A critical moment in the Williamson case, wherein the three attorneys of 
 
 defendants are shown, with Judge Bennett interposing a strong 
 
 objection to the introduction of damaging testimony 
 
 Mt. Rainier National Park. The Congressional enactment had been so cleverly 
 prepared in the start, and later fortified by Congressional proceedings of a similar 
 character, that the great railway company was granted autocratic power in the 
 selection of tracts in lieu of those surrendered, and clothed with an authority in 
 this respect that was denied individuals or competitors of any kind. In round 
 numbers, the Northern Pacific was privileged to select 1,000,000 acres of Govern- 
 ment lands by this process, giving in exchange whatever "culled" or worthless 
 tracts it possessed in the two reservations, and retaining any portions therein that 
 were valuable for their timber. 
 
 Of the 1,000,000 acres of base in this condition, about 540,000 acres have 
 been used by the Company in making its own selections ; approximately 200,000 
 acres sold to speculators for selection purposes — for which the Company derived 
 $8 an acre — and 260,000 acres of its lands in the reserves were transferred to the 
 Weyerhaeuser Syndicate at $6 per acre. The latter embraces lands that were 
 considered too valuable to trade to the Government even as exchange for other 
 desirable tracts, being the cream of the forest that was set aside when the Rainier 
 Mountain Forest Reserve was established. 
 
 The lands selected by the Northern Pacific in Oregon are today worth 
 $100 an acre, or $32,000,000 altogether ; those taken in Washington are equally 
 as valuable, so far as they go, and at $100 an acre are worth $10,000,000; while 
 
 Page 378 
 
the 120,000 acres selected by the corporation in Idaho aggregate a total of 
 $7,200,000, based upon a conservative market valuation of $60 per acre. This 
 makes a total of $49,200,000 for its selected lands alone, without counting the 
 $1,600,00 the Northern Pacific received from outsiders for lieu, or the $1,560,000 
 it got from the Weyerhaeuser Syndicate. It all foots up $52,360,000 that was 
 given the Hill corporation through the kindness of Congress — a sort of present 
 from the people of the United States, as it were — and is a sermon in itself as to 
 the measures liable to be employed by the company to remove all obstacles in the 
 way of getting the selections through the Land Department in Washington, D. C. 
 
 Appended herewith is a list of selections made in the Oregon City (now 
 Portland) and Roseburg Land Districts by the Northern Pacific Railroad Com- 
 pany. They aggregate 197,447.33 acres, and constitute the bulk of these selec- 
 tions in Oregon. The balance, necessary to make up the total of 320,000 acres 
 selected by the railway corporation in Oregon, is divided among the four other 
 Land Districts, those in the two named being the most important . 
 
 Surveyed lands selected by the Northern Pacific Railroad Company, in 
 the Roseburg, Oregon, Land District : 
 
 List No. 2 
 4 
 
 10 
 11 
 12 
 
 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 
 25 
 
 26 
 27 
 29 
 30 
 31 
 33 
 37 
 38 
 39 
 40 
 41 
 42 
 43 
 44 
 45 
 46 
 47 
 48 
 49 
 
 Tp. 
 Tp. 
 Tp. 
 
 Tp. 
 
 Tp. 
 Tp. 
 Tp. 
 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 
 Tp. 
 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 Tp. 
 
 14 S., E. 3 E., Tp. 25 S., E. 3 W., and Tp. 26 S., E. 3 W. 
 22 S., E. 2 W., Tp. 24 S., E. 10 W., and Tp. 25 S., E. 10 W. 
 
 15 S., E. 2 E., Tp. 22 S., E. 2 W., and Tp. 26 S., E. 2 W., 
 Tp. 25 S., E. 3 W., and Tp. 26 S., E. 3 W 
 
 15 S., E. 1 E., Tp. 17 S., E. 1 and 2 E., Tp. 22 S., E. 2 W., 
 Tp., 24 S., E. 10 W., and Tp. 24 S., E. 11 W 
 
 25 S., E. 10 W 
 
 22 S., E. 2 W., and Tp. 22 S., E. 3 W 
 
 26 S., E 3 W., Tp. 24 S., E. 10 W., and Tp. 25 S., E. 10 W., 
 Tp. 24 S., E. 11 W 
 
 16 S., E. 3 E 
 
 17 S., E. 3 E., and Tp. 22 S., E. 1. W 
 
 23 S., E. 10 W ' 
 
 24 S., E. 10 W 
 
 14 S., E. 2 E., and Tp. 14 S., E. 3 B 
 
 23 S., E. 1 W., and Tp. 23 S., E. 9 W 
 
 23 S., E. 9 W 
 
 23 S., E. 3 W 
 
 23 S., E. 9 W 
 
 23 S., E. 9 W., 
 
 16 S., E. 1 W., Tp. 28 S., E. 8 W., and Tp. 28 S., E. 9 W., 
 
 Tp. 21 S., E. 1 W 
 
 21 S., E. 1 W., Tp. 28 S., E. 13 W., and Tp. 29 S., E. 13 
 and 14 W 
 
 21 S., E. 1 W., Tp. 23 S., E. 8 W., and Tp. 28 S., E. 9 W. 
 
 23 S., E. 9 and 10 W 
 
 28 S., E. 9 W., Tp. 21 S., E. 1 W., and Tp. 23 S., E. 3 W. 
 
 22 S., E. 3 W., Tp. 23 S., E. 2 and 3 W 
 
 23 S., E. 3 and 4 W., Tp. 27 S., E. 10 W 
 
 15 S., E. 1 W., Tp. 21 S., E. 7 W., and Tp. 16 S., E. 9 W. 
 
 24 S., E. 1 W., and Tp. 27 S., E. 10 W 
 
 27 S., E. 12 W 
 
 25 S., E. 9 W 
 
 25 S., E. 9 W ■ 
 
 25 S., E. 9 W 
 
 E 
 E 
 
 25 S., 
 
 25 S., 
 
 32 S., E. 
 
 27 S., E. 
 
 27 S., E. 
 
 27 S., E. 
 
 27 S., E. 
 
 27 S., E. 
 
 W. , 
 W. , 
 W. 
 
 W. 
 
 w. . 
 
 w. , 
 
 w. 
 
 w.. 
 
 1,440.00 
 
 acres 
 
 7,361.33 
 
 acres 
 
 3,867.53 
 
 acres 
 
 4,370.19 
 
 acres 
 
 1,280.00 
 
 acres 
 
 1,242.72 
 
 acres 
 
 7,668.54 
 
 acres 
 
 2,920.00 
 
 acres 
 
 4,979.95 
 
 acres 
 
 1,160.00 
 
 acres 
 
 2,819.40 
 
 acres 
 
 3,828.72 
 
 acres 
 
 1,973.54 
 
 acres 
 
 1,253.82 
 
 acres 
 
 1,600.00 
 
 acres 
 
 960.68 
 
 acres 
 
 4,052.54 
 
 acres 
 
 3,748.02 
 
 acres 
 
 5,203.51 
 
 acres 
 
 2,288.97 
 
 acres 
 
 1,807.18 
 
 acres 
 
 2,028.48 
 
 acres 
 
 3,375.67 
 
 acres 
 
 1,844.54 
 
 acres 
 
 2,414.33 
 
 acres 
 
 1,595.48 
 
 acres 
 
 80.00 
 
 acres 
 
 40.00 
 
 acres 
 
 3,680.00 
 
 acres 
 
 4,280.00 
 
 acres 
 
 1,520.00 
 
 acres 
 
 320.00 
 
 acres 
 
 160.00 
 
 acres 
 
 2,760.00 
 
 acres 
 
 4,080.00 
 
 acres 
 
 160.00 
 
 acres 
 
 120.00 
 
 acres 
 
 160.00 
 
 acres 
 
 94,445.14 
 
 acres 
 
 Page 379 
 
Uiisurveved lands selected by the Northern Pacific Railroad Company, in 
 the Rosehnrg Land District. Oreii^on : 
 
 List Xo. 7. Tp. 124 S.. K. W lO.OSO.Od aens 
 
 " " J). Tp. 25 S.. R. 9 W (i.SlGO.OO acros 
 
 " "50. Tp. 25 S.. R. 9 W 1 <50.()t) acros 
 
 " "51. Tp. 25 S.. R. ;t \V 1(50.00 acrts 
 
 " "52. Tp. 25 S., R. l» W 320.00 acres 
 
 " "53. Tp. 25 S.. R. !> W 1 60.00 acres 
 
 " "54. Tp. 25 S., R. !) W 1 60.00 acres 
 
 18,000.00 acres 
 
 Snrve}ed lands selected by the Northern Pacific Railroad Company, in the 
 Oregon City Land District, Oregon : 
 
 List Xo. 2. Tp. 6 S.. R. 3 and 4 E., Tp. 2 S.. R. C W.. Tp. 4 N., R. K) W. 6.8S9.53 acres 
 
 3. Tp. 5 S.. R. 4 H, and 7 S., R. 4 E 4.204.47 acres 
 
 4. Tp. 12 S.. R. 3 E.. Tp. 3 N., R. 7 W., and Tp. 3 X., R. 8 W. 3,379.25 acres 
 
 5. Tp. 8 S., R. 3 and 4 E., Tp. 7 S.. R. 4 E 10,819.77 acres 
 
 6. Tp. 12 S., R. 4 E 4.074.71 acres 
 
 7. Tp. 12 S., R. 4 E 6,969.42 acres 
 
 8. Tp. 11 S., R. 4 E 4,453.04 acres 
 
 9. Tp. 10 S., R. 4 E 8.252.93 acres 
 
 ID. Tp. 11 S., R. 4 E 5.185.96 acres 
 
 14. Tp. 2 and 3 N.. R. 6 \V 3,093.12 acres 
 
 57,322.19 acres 
 
 Unsurveyed lands selected by the Northern Pacific Railroad Company, in 
 the Oregon City, Oregon, Land District : 
 
 List Xo. 6. Tp. 12 S., R. 4 E 3.680.00 acres 
 
 " " 7. Tp. 12 S., R. 4 E 9.600.00 acres 
 
 " " 8. Tp. 11 S., R. 4 E 600.00 acres 
 
 " " 9. Tp. 10 S., R. 4 E 400.00 acres 
 
 " "10. Tp. 11 S., R. 4 E 5.760.00 acres 
 
 " "11. Tp. 7 S., R. 8 W. 1 160.00 acres 
 
 " "11. Tp. 9 S., R. 7 W 160.00 acres 
 
 " "12. Tp. 1 1 S., R. 4 E 1 ,440.00 acres 
 
 " "13. Tp. 7 S., R. 8 W 5,880.00 acres 
 
 27,680.00 acres 
 
 Approximately 1,COO,000 acres were in the Rainier Mountain Forest 
 Reserve belonging to the Northern Pacific. One-half of this was covered with 
 a heavy growth of timber, which the company sold several years ago to the 
 Weyerhaeuser Syndicate, before their value was realized, and the balance was 
 used as scrip. Of the above quantity, about 100,000 acres were situated within 
 the limits of the Alt. Rainier National Park, and were absolutely worthless for 
 any purpose whatever, except as basis for the selection of other lands. The 
 Com])any selected in the State of Washington practically 100,000 acres of yellow 
 fir timber, worth at this time at least $100 an acre, and in the State of Idaho 
 probably 120,000 acres more of white and yellow pine timber valued at from 
 $50 to $100 per acre, while in Oregon 320,000 acres of the finest yellow fir timber 
 in the State was selected, having a market value of at least $100 an acre, 50,000 
 acres being unsurveyed and considered the cream of the selections. The re- 
 mainder of their scrip, with the exception of a few thousand acres, the Company 
 sold to speculators throughout the ct)untry at a price ranging from $5 to $15 
 an acre. 
 
 That the Northern Pacific Railroad Company has a fondness for grasping 
 opportunities is shown by the fact that not much time was lost in clinching the 
 bargain after the Act of ATarch 2, 1899, went into effect, as the records show 
 
 Page 380 
 

 ^ ^ 5tt 
 
 2 S 
 
 05 
 
that on July 19 of that year the company executed a blanket deed, conveying' to 
 the United States all its culled and worthless tracts embraced in the Mt. Rainier 
 National Park and Rainier Mountain Forest Reserve. Some sort of intuition 
 must liave inspired this step, because the clause in the Act of June 4, 1897, 
 permitting the exchange of lands situate in a forest reserve for unsurveye«1 
 Government lands became inoperative after October, 1899. The fact of the 
 Northern Pacific having relinquished to the United States all claims to a large 
 percentage — the worthless portions, in short — of its holdings in the two reserva- 
 tions, gave the company full authority to sit back and select lands in lieu thereof 
 at its pleasure, and it has since followed this policy at all times. 
 
 While individuals are not permitted to make selections under the dead 
 "scripper" law of June 4, 1897, the favored Northern Pacific is allowed to do 
 so, and can take its pick from the cream of all townships, surveyed or unsur- 
 veyed, in any State penetrated by its lines. During the period the Act in question 
 was in effect, whenever an individual presented a selection under its provisions, he 
 w^as required to do so simultaneously with his transfer of the base to the Govern- 
 ment. Not so with the Northern Pacific, however. Under the broad and sweeping 
 regulations of the Act of March 2, 1899, arranged especially for the benefit of 
 the corporation, it was kindly granted the privilege of conveying to the Govern- 
 ment all portions in the two reserves that it did not want, or had no use for, and 
 then leisurely awaiting developments until it saw something that appealed to its 
 desires! This was not the worst feature of the situation, either; whenever the 
 great railway corporation once feasted its eyes upon a township rich in timber 
 resources, like a hungry pack of wolves inspired by the taste of blood, it would 
 brook no obstacle in the way of acquiring a foothold, and in furtherance of this 
 grasping idea, has been known to harass settlers in every illegitimate manner 
 possible. By bulldozing tactics, no less than fifteen families were frightened out 
 of a surveyed township in Clark County, Washington, upon one occasion, notwith- 
 standing they had made, substantial improvements upon their claims, were acting 
 in good faith, and had presented their homestead filings at the local Land Ofiice 
 when the official survey was approved. The Northern Pacific had made selection 
 of the various tracts in accordance \wiih the rights conferred by Congress under 
 the Act of March 2, 1899, and had instituted contests against the settlers, who 
 gave up their possessions rather than take chances against such odds, knowing 
 that they had no show in either the Courts or the Land Department, where it 
 was realized the Northern Pacific had full sway. 
 
 In some sections of Oregon, cruisers and guards warn intending settlers 
 away from unsurveyed townships that have been covered by Northern Pacific 
 selections, and around the various United States Land Offices of the different 
 districts in that State, are stationed agents of the corporation who discourage 
 settlers from attempting to find homes within the confines of any region wanted 
 by this grasping octopus. 
 
 The fact that the company has adopted such stringent measures discloses 
 in itself that a question exists concerning the validity of titles acquired to such 
 tracts. I am unaware that the issue has ever been determined by any competent 
 legal tribunal, but if the Northern Pacific was really satisfied in its own mind 
 that the Act of March 2, 1899, granting them such exclusive privileges was not 
 special legislation of a dangerous type, and liable to be upset by process of Court 
 proceedings, it is hardly likely that such brutal tactics would be resorted to. 
 
 There was one notable instance where the Northern Pacific got badly left 
 in its efforts to grab a whole township of unsurveyed land. This was in connec- 
 tion with Township 15 South, Range 3 East, situated in Lane County, Oregon. 
 Although the entire township had been settled by squatters prior to survey, with 
 a view of filing homestead claims thereon as soon as the survey was approved, 
 the Northern Pacific made forest reserve lieu selection of every acre in the town- 
 ship shortly before it came into market, and sent its agents around to notify the 
 squatters to vacate their claims, threatening that unless they did so the railroad 
 
 Page 382 
 
company would contest each entry on the ground that it was more valuable for 
 its timber than for agricultural purposes. Rather than run any risk of a lawsuit 
 with the gigantic corporation, the settlers, who were all poor persons, gave up 
 their claims. As the Act of March 2, 1899, required the company to file a new 
 Hst to lands that had been selected prior to survey, within 90 days after the 
 survey of the township had been approved, Frederick A. Kribs became aware of 
 this fact, and his stand-in with the Register and Receiver of the Roseburg Land 
 Office enabled him to work a clever scheme on the Northern Pacific and beat 
 the corporation out of more than 20,000 acres of fine timber land. 
 
 Kribs knew that as soon as the survey of the township was approved the 
 Northern Pacific would be obliged to file an amended selection, under the term of 
 the Act of March 2, 1899, heretofore quoted. He therefore placed in the hands of 
 Register J. T. Bridges and Receiver J. H. Booth a selection list in his own name, 
 covering the entire township, with instructions for those officers to file the same 
 as soon as the Northern Pacific withdrew its base for the purpose of amendment, 
 in order to conform with the strict lines of the new survey. By keeping in close 
 touch with the survey before the official plat was filed in the Land Office, Kribs 
 had been enabled to secure an accurate description of the lands he wanted, so 
 that when the Northern Pacific withdrew its selection for the purpose of amend- 
 ment, the officers of the Roseburg Land Office permitted Kribs's selection to have 
 the right of way, and the bold operator thus became the owner of more than 
 23,000 acres of choice yellow fir timber land, easily worth $50 an acre, at a cost 
 of $6 an acre — the price of the scrip. 
 
 It is believed that the Northern Pacific now has in view another base 
 project, almost equally as brazen as its successful effort in connection with the 
 Mt. Rainier National Park scheme. This contemplates the conversion of Mt. 
 St. Helens into a National Park, and the consequent creation of more lieu for 
 the railway corporation. This high peak was originally outside the limits of 
 the Rainier Mountain Forest Reserve, but has since been included therein, and 
 it begins to look as if it were omitted intentionally at first for some ulterior 
 purpose of the character indicated. The fact is, the Northern Pacific finds 
 itself running short of lieu, and something like this has to be done in order to 
 relieve the congestion. Besides, what is the use of keeping a lot of hired men 
 around without any visible means of support? 
 
 No plausible reason exists why Mt. St. Helens should not have been 
 included in the Rainier Mountain Forest Reserve in the first place. It was only 
 separated from the southwestern boundary of the old limits by a single township, 
 as the map shows, and as the company owns the odd-numbered sections surround- 
 ing it for many miles, and as there are all kinds of golden opportunities to get 
 in on the ground floor with a lot of jokers of the kind that are very much in 
 evidence in the Act of March 2, 1899, the country can expect something in the 
 shape of a dupHcate of the Mt. Rainier National Park scheme sooner or later. 
 
 It is claimed that all these high peaks in the Northwestern country were 
 active volcanoes during prehistoric days, and if indications count for anything, 
 they are still gifted with eruptive tendencies in the way of belching forth enor- 
 mous benefits for great and greedy corporations. 
 
 At the time I was taken to Washington as a witness for the Government 
 in the case against Binger Hermann, an episode occurred that bears out the ideas 
 I have undertaken to convey herein. On December 27, 1906, I published a state- 
 ment in the Portland Morning Oregonian, foreshadowing an attack in my forth- 
 coming book upon the methods pursued by the Northern Pacific Railroad Com- 
 pany regarding the Rainier Mountain Forest Reserve steal. That was sufficient 
 notice to put the "faithful" on guard, so that when I reached the National capital 
 in March, 1907, my coming had been anticipated in that respect. Upon arrival 
 there I gave out an interview in the local press, to the effect that it was my 
 intention to take advantage of the situation and gather material for the book, 
 and this was the signal for all hands to be on the alert. 
 
 Page 383 
 
J. F. {"Jack") Kerrigan, the United States Deputy Marshal who 
 
 escorted Puter to Washington when the land fraud king was 
 
 summoned as a witness in the Hermann case, and 
 
 who brought Mchinley hack from China 
 
 after a 30,000-mile chase 
 
 About two weeks alter my arrival, accompanied by Deputy United States 
 Marshal J. F. Kerrigan, who had escorted me across the continent, 1 went to 
 the General Land Office, equipped with an order from United States Attorney 
 D. W. Baker, of the District of Columbia, for certain data to be used at the 
 Hermann trial. This included the status of the six fraudulent homestead claims 
 in Tp. 24 S., R. 1 E., together with information pertaining to the seven bogus 
 entries in 11-7, acquired by ]\IcKinley and Montague. A clerk in Division "P" 
 of the Land Office was sent with us for the purpose of enabling me to secure the 
 data required, and after having obtained this information, I next made inquiry 
 pertaining to the Northern Pacific Railroad Company's lieu selections in Oregon. 
 This was like a thunderbolt from a clear sky to the clerk, and notwithstanding 
 that United States Attorney P)aker's order called for this information, objection 
 was raised to showing the Northern Pacific lieu selection records to me that day. 
 upon the plea that the clerk was too busy to do so. and for me to call again. 
 At the time we entered the room where the lieu selections were kept, a person 
 
 Page 384 
 
was present whom the clerk declared in our presence was an attorney for the 
 Northern Pacific, and he seemed to manifest considerable interest when the 
 subject of the corporation's selections came up. 
 
 On the day following my visit to the General Land Office, I was called as 
 a witness in the Hermann case, and was on the stand at intervals for three days. 
 About three or four days after my first visit, I returned to the General Land 
 Office, still accompanied by Kerrigan, and was asked by Assistant Commissioner 
 Dennett what was wanted this time. 
 
 "I desire to finish up the work for which I was given an order several days 
 ago," was my response. 
 
 After C[uestioning me very closely concerning the nature of the business, 
 Dennett went into Commissioner Ballinger's private office, and upon emerging 
 therefrom, after quite a long conference with his chief, told me that having 
 testified already in the Hermann case, I would have to get a new order from 
 Baker. 
 
 I thereupon returned to the latter's office, and at 11 o'clock the next morn- 
 ing came back to the General Land Office with a new order from the United 
 States Attorney, requesting him very plainly to give me what information 
 was required relative to the Northern Pacific lieu selections, adding that it might 
 be necessary for use in the Hermann trial. The order was delivered to a clerk, 
 who took it in to Dennett. 
 
 Dennett came out and questioned me about it, asking me what I wanted 
 the information for. I replied that I was a witness in the Hermann case, and 
 might need the information sought to strengthen my testimony. Dennett then 
 said that he would have to see the Commissioner about it, so taking the order, 
 he went into Mr. Ballinger's office, and upon his return, informed me that the 
 matter would have to be taken up with the Secretary of the Interior, and for me 
 to come back at 2 o'clock that afternoon. 
 
 About half an hour later I met the clerk in the hallway of the Court house 
 where the Hermann case was in progress. He held in his hand the same en- 
 velope I had given him from Baker. Deputy Marshal Kerrigan, who had 
 formerly been a member of the Portland detective force, called my attention to 
 this fact, and will corroborate me upon the point. The clerk went into Baker's 
 office, and we heard them wrangling over the matter for several minutes, with the 
 result that Baker told the clerk in unmistakable language that the Commissioner 
 would have to let me have what I wanted. 
 
 At the hour appointed, Kerrigan and myself went back to the General 
 Land Office, and into the same room we had been before, where we again noticed 
 the Northern Pacific attorney. He endeavored in every possible way to ascer- 
 tain what I was doing, even going to the extent of audacity by peering over my 
 shoulder while I was at work on the lieu selection records, and I had to move in 
 order to avoid him. 
 
 Page 385 
 
The picture that elected Binger Hermann to Congress 
 
HISTORY OF THE PICTURE THAT ELECTED HERMANN TO 
 
 CONGRESS. 
 
 One of the most brazen efforts to gain cheap notoriety ever recorded is 
 portrayed in the illustration, reveahng President Roosevelt in the act of deliver- 
 ing- a rear-platform speech, with Binger Hermann, the disgraced former Land 
 Commissioner, standing complacently by his side, as if ordained to assist in court- 
 ing the plaudits of the multitude. 
 
 Those unfamiliar with the relations existing between the two at the time 
 would very naturally assume that the Ex-Commmissioner of the General Land 
 Office was the favored companion of the President upon this auspicious occasion, 
 and that the Chief Executive found an affinity-like pleasure in his presence. As 
 a matter of fact, he was simply a skeleton at the feast, and had appeared unbidden 
 upon the scene at a moment when the photographer for a local newspaper was 
 about to snap his camera. 
 
 During President Roosevelt's tour of the West in the Spring of 1903, his 
 itinerary included a visit to Portland, Oregon, and by some unexplained hocus- 
 pocus, Hermann, who resides at Roseburg, in the southern part of the State, 
 and was a candidate upon the Republican ticket for representative from the 
 First Congressional District of Oregon, had smuggled himself on board the 
 Presidential train, and with an exhibition of that rare quality of pure and 
 unadulterated audacity that has invariably been the Ex-Land Commissioner's 
 principal stock in trade, had ensconsed himself in the private car of Mr. Roose- 
 velt, who, but a short time previously, had unceremoniously ousted Hermann 
 from office on account of his crooked transactions. 
 
 As the train moved into the depot at Portland, a vast concourse of citizens 
 had assembled to pay its respects to the distinguished visitor, and, in response 
 to the popular demand, the President appeared upon the rear platform and pro- 
 ceeded to deliver one of his characteristic addresses. At this juncture, H. M. 
 Smith, a member of the art department of the Evening Telegram, set his camera 
 in position, with a view of taking an interesting scene. The arrangements of 
 the photographer were not lost to the eagle eyes of Mr. Hermann, who discerned 
 in the situation a golden opportunity for retrieving his rapidly fading political 
 fortunes. 
 
 With an acumen worthy of a better cause, Hermann timed his arrival 
 coincident with the photographer's operations, and the two men are shown as 
 if on terms of the utmost intimacy. 
 
 Not content with the veneering of fame thus obtained, Hermann had 
 enlarged copies of the picture circulated broadcast throughout his Congressional 
 District, with the result that he was triumphantly elected, as President Roosevelt 
 has always been such a popular idol in the Oregon country that Hermann's con- 
 stituents were under the impression they were doing the Chief Executive a per- 
 sonal favor by sending the deposed Land Commissioner to a seat in the legis- 
 lative halls of the nation-; general publicity to the reasons for his removal from 
 office not having been given at this time. 
 
 Hermann's connection with the incident mentioned, is on a par with his 
 conduct at the time he first appeared before the Federal Grand Jury of Oregon 
 that returned indictments against him afterward. He had been called to give 
 testimony in his own behalf in one of the several cases under consideration 
 against himself, and as Hermann entered the Grand Jury room, he threw his 
 right arm familiarly over the shoulders of Special Assistant Heney, who pre- 
 ceded him, as if the latter were his bosom companion, and in this manner stalked 
 majestically into the presence of the inquisitorial body, much to Heney 's uncon- 
 cealed disgust. In fact, the most plausible explanation as to why the Ex-Land 
 Commissioner refrained from maintaining a continuous loving embrace of the 
 Government prosecutor throughout the entire proceedings exists in the belief 
 that the rear portion of Heney's neck was becoming too warm for further 
 comfort. 
 
 Page 387 
 
Chapter XXV 
 
 Sonic intcrcstiiii^ infoniuitioii mi the subject of "cruisers," sho7i'iiii^ the important 
 it,'ork of this highly necessary class in connection with the litniberiiig indus- 
 try — Honesty and integrity a prime factor in the business of estimating 
 timber — Hoic dealers in timber lands are often sivindled by misleading 
 reports of dishonest cruisers — Also exposes the scheme of land locators 
 to catch I'ictiins, and furnishes a Tivtv of pre-renting deception in this 
 respect. 
 
 THERE has been such frequent alkision to "cruisers" in these pages that 
 it does not seem amiss to give the reader a short description of this class, 
 whose operations are so essential to the timber business. A cruiser is a per- 
 son who estimates the standing timber on a tract of land. He must be well 
 versed in the different qualities of timber and able to tell at a glance whether a 
 tree is perfectly sound or not; the amount of clear lumber it will produce, as well 
 as the tctal quantity in the tree. He is also required to know something about 
 civil engineering, how to run the compass, and to understand the various mag- 
 netic variations of the townships. All subdivision lines in a township are not run 
 on the same variations, as they often vary from 3 to 10 degrees. The cruiser 
 must likewise be skilled in mathematics, as much depends upon his accuracy in 
 computing the amount of the dift'erent classes of timber on a given tract. 
 
 All cruisers do not estimate timber alike, however. Generally the first 
 thing to do is to find the corner post of a section that is to be estimated, and if it 
 should be the southeast corner, and it was concluded to estimate north and south 
 instead of west and east, it is the usual custom to begin by first taking 62y2 
 l-aces due west from the cornerpost, from which point he would proceed due 
 north, parallel with the section line, noting down in a small plat book at the end 
 of each 100 paces the character of timber encountered, and such other mem- 
 oranda as would enable the cruiser to form an accurate estimate of each acre 
 traversed. Should he run into a "burn," the exact point of entering same is 
 noted on his plat book, together with the spot where the green timber is once 
 more encountered. The reason for taking 62^4 paces west at the start is based 
 upon the fact that a section of 640 acres — or one mile in extent — is supposed to 
 be covered by 2,000 ordinary paces ; hence such a division would make the 62^ 
 paces, equivalent to one-sixteenth of a mile. 
 
 After a competent cruiser has completed 2,000 paces, he knows that he is 
 near the north boundary of the section being cruised, and seldom misses the line 
 of survey more than 20 or 30 paces, no matter how rough or broken the country 
 is through which he is passing. He becomes so accustomed to his work that it is 
 possible for a competent criser to pace a mile almost as accurately as the lines 
 could be run with a measured chain. As he goes north in this fashion, he makes 
 a careful estimate of the different qualities of timber through which he is pass- 
 ing, setting down the number and varieties of trees, together with the measure- 
 ments of those of commercial value. It has even been stated that so careful is 
 the great Weyerhaeuser syndicate in this respect that cruisers working for them 
 are instructed to take perfect measurements of each tree, no matter what its size 
 or quality, so as to e(|uip the estimator with the fullest information on the 
 subject. 
 
 After the north line of the section has been intercepted, the cruiser will 
 proceed west on the section line for 125 paces, or double the distance previously 
 marked. He does this for a tv,-ofold object; first, because from the line originally 
 
 Page 388 
 
established he is able to determine the character of timber for a distance of 
 at least 62^ paces on either side ; second, for the reason that it enables him to 
 cover more territory and accomplish the same object. If, however, he should 
 discover the trees to be remarkably thin, and with little or no underbrush to 
 contend with, he would, in that event, proceed west 125 paces each time, or 
 exactly double the distance originally named. In this manner the entire section 
 is gone over, traveling' north and south upon each occasion until it frequently 
 happens that fully sixteen miles of traveling back and forth are necessary to 
 complete the estimates on a single section. Where a tract of several thousand 
 acres are involved, which often happens, it can be seen readily that a great deal 
 of ground must necessarily be gone over in this way. As a rule, however, the 
 estimator can see plainly for a distance of 62^ paces on either side, and arrive 
 at a close conclusion regarding the quantity of timber on the land. 
 
 Very much depends upon the honesty of a cruiser, as may be assumed. He 
 has it in his power to do either the contemplated purchaser of the tract or the 
 one who sells an irreparable injury by any dishonest methods. For instance, he 
 can "stuff" the estimates in such manner as to make it appear that there is a 
 great deal more timber on the land than actually exists, or he can underestimate 
 just as readily, according to how he has been "approached," and if his figures do 
 not show that the land runs up to a given quantity or merchantable lumber, the 
 seller is usually quite willing to shave the price ; whereas, if it runs much more 
 than anticipated, the would-be-purchaser is quite eager to buy, when, as a matter 
 of fact, he is paying for padded returns. 
 
 In all truth the position of a cruiser or estimator in regard to honesty and 
 reliability is on a par with that occupied by the cashier or paying teller of some 
 large bank. In fact, it is more important, in some respects, as a crooked cruiser 
 is capable of swindling his employer out of thousands of dollars without becom- 
 ing involved in criminal liability, because, if cornered he can set up as a defense 
 that subsequent estimates exposing- his dishonest eft'orts are the result of a diff- 
 erence of opinion between experts, and there is no law that can reach him. 
 
 A crooked cruiser can defraud his employer by standing in with the man 
 who is selling the timber and stuffing the estimates, or turning in several thous- 
 and feet more per acre than the estimates justify. In consequence, a "square" 
 cruiser — of which, unfortunately, the woods are not full — often receives high 
 pay for his services, some of the best obtaining from $15 to $20 a day, besides 
 expenses, and if he is sincere and earnest in his eft'orts to reach a proper deter- 
 mination of the quantity of timber on a tract, it is obvious that his services are 
 worthy of even greater compensation. 
 
 As a matter of fact, estimating timber by "stumpage" has only been in 
 vogue for a few years past, as it has heretofore been the custom to sell land 
 by the quarter section, and not by the thousand feet, as it is purchased now. 
 Consequently, until comparatively recent date, the services of a practical estima- 
 tor have not been required on the Pacific Coast, as in days gone by, a few million 
 feet one way or the other did not make so much difference on a quarter section. 
 However, timber lands are constantly increasing in value, and rapidly becoming 
 concentrated in the hands of a few wealthy syndicates, so that it is absolutely 
 necessary to know the exact amount each acre is capable of producing before 
 there is much likelihood of a sale. In other words, the intrinsic value of timber 
 lands is becoming recognized more than ever before. "Stumpage" throughout 
 the Pacific Northwest now ranges from 50 cents to $2.50 per thousand feet, 
 according to market conditions and quality of timber, while a decade ago these 
 lands were disposed of on the basis of from $4 to $10 an acre, as the supply and 
 demand justified. This amounted practically to a maximum price of about 25 
 cents per thousand feet. 
 
 In order to be thoroughly competent in making estimates, the cruiser 
 should have had some experience in scaling saw logs in the mill pond, or bed of 
 the mill before being manufactured into lumber, as well as tallying the lumber 
 
 Page 389 
 
after the logs have been sawed, so as to know just what (leckictions are necessary 
 witli respect to defects in the log, such as blind knots, shake, and many other 
 imperfections that develop in the course of manufacture. He must also be able 
 to judge whether the tree as it stands in the forest is perfectly sound, which is 
 often (letcrmined by the fungus growth or "conkers" in the sides of the tree, 
 spike tops, white moss and dead limbs, or similar conditions. The latter is a 
 sure indication that the heart of the tree is more or less affected by rot. In 
 other cases timber with pitch holes, or small oj^enings in the butt of the tree de- 
 note serious defects. Another feature that must be considered is the liability 
 of breakage in falling the timber on rough ground. Without being possessed 
 of these qualifications, a cruiser would be unable to determine with any degree 
 of accuracy whether a body of timber was sound or not. 
 
 When a tract is cruised, the estimates should show the quantity of timber; 
 as well as the different qualities thereof on each subdivision of forty acres, 
 together with notes showing the location of "burns" and openings ; all branches, 
 streams, ridges, elevations, slopes, and in fact it should contain a complete pen- 
 picture of everything connected with the tract, including the most feasible meth- 
 od of getting the timber out, character of soil, etc. 
 
 Cruisers and estimators throughout Minnesota, Wisconsin and Michigan, 
 and other prominent Middle Western lumbering States, are in a class by them- 
 selves, and are regarded generally with feelings of the greatest respect wherever 
 they go, as they are known to occupy an important station in life. Although 
 often roughly attired, they are usually men of affairs, and invariably seek the 
 best accommodations obtainable. Up to w'ithin the past few years, Pacific Coast 
 cruisers — so-called — were very much in disrepute, being looked upon as land 
 sharks of a dangerous type. As a rule they knew less concerning the correct 
 method of estimating the timber on a tract of land than a horse does of religion, 
 their principal stock in trade consisting of a deep-seated desire to catch "suckers" 
 by masquerading as experts on timber valuations. For the most part, they 
 embraced a class of "locators," who, by process of dishonest methods, had 
 brought a stigma upon their calling, and in consequence were regarded as "un- 
 desirable citizens." 
 
 During 1900 I had occasion to stop in San Francisco for a night while 
 enroute from Minnesota, accompanied by the president of a large timber land 
 syndicate, and one of his cruisers, the latter a trustworthy and reliable gentleman 
 and one who understood the timber business thoroughly. They had come West 
 with me for the purpose of cruising and estimating a large tract of redwood tim- 
 ber land in Humlx)ldt County, Cal., with a view of purchasing. We entered the 
 Palace Hotel and were about to register, when the incipient clerk at the desk, 
 noticing the garbs of my two companions, adjusted his eyeglasses, and with a 
 glance of the coldest hauteur, politely informed them that he did not have a room 
 left, but that they could secure suitable accommodations by applying at a cheap 
 lodging house south of Market street. They had thrown their packs down on the 
 marble floor of the celebrated hostelry, and their general appearance probably 
 gave the clerk the impression that they were a couple of tramps, whereas, 
 either could have bought the Palace Hotel with the fastidious young man at 
 the desk thrown in. 
 
 The work of a cruiser is no snap, by any means. On the contrary it is a 
 vocation not only of great responsibility, but of unremitting toil and hardship. 
 To be successful, a person must be endowed w'ith a rugged constitution, and 
 capable of enduring the greatest ]irivations wdiile in the field, as he is often 
 compelled to pack his blankets and provisions for weeks at a time while in the 
 woods, over the roughest character of country imaginable, with a tree as his 
 canopy at night. In the winter he is required to use snowshoes in the course of 
 his rounds, and sleep in the damp forests without any protection other than 
 that afforded by nature from frequent storms. The day is fast approaching 
 when a competent cruiser will be recognized on the Pacific Coast as an important 
 
 Page 390 
 
John F. Cusack, of Portland, Oregon, one of the most reliable and best known 
 
 timber cruisers of the Pacific Northwest 
 
persoiiai^e, as there is no doiiht the hinihering' iiichistry tlierc is only in its infancy, 
 and the country at larije is compelled tt) l(X)k westward tor its supply on account 
 of its practical exhaustion in the Eastern and Middle West sections. By ])rocess 
 of reservations. President Roosevelt has wisely preserved the use of the forests 
 for future generations, and had this policy heen adopted fifty years ago, there 
 is no doubt the supi)ly throughout Minnesota, Wisconsin and Michigan would 
 have been adecjuate to meet demands for a century to come, without counting 
 upon the ])ossil)ilities incident to replanting. 
 
 This article would be incomplete without detailing some of the nefarious 
 methods in vogue among a certain class known as "locators," who make a point 
 of plying their vocations for no other purpose than reaping a harvest from the 
 crop of "suckers" abounding in all public land States. They represent the 
 unwary that are caught in every conceivable net. When "Hungry Joe," the 
 celebrated New York bunco sharp was asked how it was possible for him to ply 
 his vocation when his methods were so well known, he replied: "Because there 
 is a sucker born every minute !" 
 
 The same conclusion would apply with ec|ual force to the business of 
 locating persons on the public lands, and especially in a timbered region. Visions 
 of great w'ealthy are always in the mind's eye wherever the public domain is 
 involved, because it appeals to the general public as being a something for noth- 
 ing proposition. Consequently, it is usually an easy matter to find some one quite 
 eager to bite at any get-rich-quick bait of this character. The woods are full 
 of timber land locators, styling themselves cruisers, when, at a matter of fact, 
 they are not familiar with the first rudiments of the game when it comes to esti- 
 mating the quantity of timber on a given tract of land. They are ex]ierts, how- 
 ever, in any plan that contemplates swindling some poor deluded creature out of 
 from $25 to $100 by locating him in a "burn," or on a worthless piece of ground, 
 under the representation that it will cut several million feet of lumber. The 
 .scheme is worked by taking the victim into a heavy tract of timber already pat- 
 ented, showing him the cornerposts of the section he is to file on. and then 
 taking him to the land office where he makes his entry. In all probability the 
 post has either been manufactured to order, or else transplanted from another 
 section in some township miles away, but it answers the purpose of deluding 
 him into the belief that he is securing a great bargain, and he only discovers his 
 mistake when a subsequent survey indicates that an imposition has been practised. 
 
 For the benefit of those contemplating acquiring a timber claim at any 
 time in the future there is presented herewith the diagram of a section corner, 
 exhibiting the customary witness trees and other evidence of exact locality, 
 from the field notes of an official survey, a careful study of which will enable any 
 person to readily determine whether he is on the land represented irrespective 
 of what marks may be on the alleged section post. 
 
 Every section corner is supposed to have four bearing, or witness trees, 
 by which to identify the corner. This is done in order that the corner can be 
 easily re-established in case of destruction by fire or any other process. The wit- 
 ness trees are generally those nearest to the corner, and vary in size as well as 
 quality, for puq^oses of identification. With that idea in view, they are naturally 
 at different angles from the section post, and at random distances as well, the 
 "land mark" feature being the chief consideration. These trees are marked by 
 the deputy United States surveyor at the time he sets the posts when surveying 
 the towmship, and a description of these marks is incorporated in his field notes, 
 at which time he designates the character of the trees, their diameter, as well as 
 the distance and angle of each from the post. These field notes are readily 
 obtainable from the Ignited States Surveyor-General's office in any public land 
 State. 
 
 In order to make certain that you are on the land calculated to be taken 
 up as a claim, have the locator show you one of the section corners of your 
 intended claim, at which time you can note the character of the surroundings. 
 
 Page 392 
 
5ECB5 
 
 5EC. 33 
 
 S£C.36 
 
 Corner posts and "bearing trees" to the corner of sections 25, 26, 35 and 36, 
 Township 4 South, Eange 5 East W. M. as described in the field notes of the Government 
 survey. 
 
 The marks on the trees were made with a marking iron by the Deputy United 
 States Surveyor, at the time the survey was made, and more particularly described as 
 follows to-wit: 
 
 Set post 4 feet long, 4 inches square, 24 inches in ground for corner to sections 25, 26, 35 
 and 36, marked T. 4. S. S. 25, on North East face, R. 5 E. S. 36, on South East face, S. 35, on South 
 West face, S. 26 on North West face, with one notch on South and East edges, from which a fir 48 
 inches diameter, bears North 20 degrees East 27 links'distance, marked T. 4. S. R. 5. E. S. 25. B. T. 
 
 A Cedar 18 inches diameter, bears South 28 degrees East, 23 1^ links distance, marked T. 4. 
 S. R. 5. E. S. 36. B. T. 
 
 A Fir 60 inches diameter, bears South 60 degrees West, IZVz links distance, marked T. 4. 
 S. R. 5. E. S. 35. B. T. 
 
 A White Pine 24 inches diameter, bears North 30 degrees West, 61\'2 links distance, marked 
 T. 4. S. R. 5. E. S. 26. B. T. 
 
 Thus it will be seen, that it is an utter impossibility to find a duplication of trees at 
 any two section corners, taking into consideration the character of the trees, as well as the 
 angle and distance they lay from the corner post. Hence, it is easy to determine if the 
 correct corner has been found. By an inspection of the field notes on file in the Surveyor 
 General's Office, which describes accurately the distance each bearing tree is from the 
 corner, its variety, and such other details as will enable a person to ascertain whether any 
 trick has been played when a locator shows one the land. 
 
 Page 393 
 
witli special reference to the witness trees, and by making a oonijjarison of this 
 flata with the field notes of the official snrvey, not even the most accomplished 
 rogne in existence can throw yon od. In fact, it is absolntely impossible to 
 dujilicate the witness trees of any two sections of land in the United States. In 
 case a section corner has but three witness trees, the field notes will show it, at 
 the same time statin^;^ the reason for the deficiency. 
 
 Many surveyors use a stone for a post, wherever obtainable, as they are 
 more indestructible. By horizontal lines engraved thereon, it can be readily de- 
 termined how' far the corner is from the township line. For instance, if it was 
 the corner to the southeast corner of section 16, the stone would show three 
 horizontal marks on the East side, and the same number on the south side, in- 
 dicating that it was three niiles from the East and south boundaries of the town- 
 ship, or practically in the center thereof. These stones are usually about 10x10 
 inches, and extend above ground from 14 to 20 inches, according to circumstances. 
 as there is no established rule to govern. They are always described minutely 
 in the field notes of the survey, however, and by following these notes carefully 
 there is no reason why any person should not know if he is on the right land, 
 or whether somebody is trying to misrepresent the true conditions for whatever 
 purpose intended to deceive. 
 
 Yellow pine tree in the Big 
 
 Meadows region, Plumas 
 
 County, California 
 
 Page 394 
 
Chapter XXVI 
 
 History of the famous contest betiveen the Scrippcrs and Mineral Locators in- 
 the Kern River oil fields of California over the titles to valuable petrolcuni 
 lands, li'hercin Binger Hermann figures as the Good Samaritan — The plot 
 also thickens, involving a high Federal official in its meshes, besides having 
 something to do zvith the mysterious disappearance of Henry J. Fleisch- 
 mann, the petted child of fortune, ivith half a million dollars belonging to 
 the funds of a Los Angeles bank, and "no questions asked" or arrests made. 
 By Horace Stevens. 
 
 IN THE Spring of 1899, intense excitement was created throughout the 
 southern portion of Cahfornia by the discovery of vast quantities of petroleum 
 oil in the Kern River fields, adjacent to Bakersfield. At this time the con- 
 ditions there regarding titles were rather peculiar. The lands upon which the 
 oil was found had been surveyed by the Government many years previously, and 
 returned as agricultural in character. As a matter of fact, no other return could 
 then have been made, as there was nothing to indicate the presence of any kind 
 of mineral in the soil, while on the contrary, there was everything to show that 
 the land could properly be classed as agricultural, for the reason that it annually 
 produced good crops of luxuriant grass, and was regarded generally as excellent 
 range for various kinds of livestock. 
 
 Only during certain seasons of the year, however, could it be thus utilized, 
 alfileria, the native grass, having a tendency to dry and disappear after reaching 
 maturity. For this reason the land did not appeal to the homeseeker, as it was 
 practically valueless without the aid of artificial irrigation, and there were no 
 known methods of conducting water thereon. Therefore, although in most cases 
 the several townships had been surveyed as early as 1855, the title to nearly all 
 the land embraced therein was still vested in the Government, even in the face 
 of the fact that the various vacant tracts were lying at the gates of a prosperous 
 city of several thousand inhabitants. True, all the odd numbered sections of 
 each township belonged to the Southern Pacific Company by virtue of inclusion 
 within the grant limits of the railway corporation, but the other portions were as 
 barren of claimants as the desert of Sahara. 
 
 This was the peculiar situation when oil was first found in the southeast 
 quarter of Section 3, Township 29 South, Range 28 East, Mt. Diablo Base and 
 Meridian. Instantly there was a rush from all directions to acquire title to lands 
 adjacent to the point of discovery in the hope that the holdings thus secured might 
 fall within the proven territory and enrich the owners. Railroad lands that had 
 gone begging at $2.50 an acre suddenly achieved fabulous valuations, many trans- 
 actions ultimately involving from $1,000 to $5,000 an acre, according to location, 
 and derricks were springing up on all sides as if by magic. No wonder it was 
 enough to inflame the imagination and cause men to do all sorts of things in order 
 to obtain a foothold where the returns were so certain and phenomenal. 
 
 Titles to the various vacant tracts were sought in two ways : First, by 
 applicants through the placer mining laws of the United States, in claims of 
 twenty acres each, and almost simultaneously by claimants under the forest 
 reserve lieu land Act of June 4, 1897. The latter were called "Scrippers," while the 
 others were commonly known as "Mineral Locators." According to the mining laws 
 as they had been construed by every Court in the land up to that time, no placer 
 mining location could be made validly unless the entry was based upon an actual 
 discovery of mineral, while the Scrippers, so called, were required to set forth in 
 their affidavits that the land was "vacant and unoccupied" at the date of selection. 
 
 Page 395 
 
Xaturalh-. a question not only of law. but of fact became involved, one of 
 llic chief contentions of the Scrippers being that the land was vacant and unoc- 
 cupied at the time of its selection, while the mineral locators alleijed actual i)os- 
 session, and it is generally admitted that in most instances since the origination 
 of the controversies over title to the lands, oil has been found thereon in paying 
 quantities. 
 
 The ])resent holding of the Interior Department is that a jjcrson who has 
 made a selection under the Act of June 4. 1897, accpiires no title thereto, although 
 the land taken was "vacant land, o])en to settlement."' and in the condition pre- 
 scribed by the statute, unless the selector at the time of selection made affidavit 
 that the land was wholly unoccupied. It was the contention of the Scrippers 
 that land was subject to selection under the above Act, notwithstanding it was 
 occupied, unless the occupant had some legal right to the property, but that, even 
 if wrt)ng in this view, they contended that the selector acquired a good title if 
 the land was in fact unoccu])ied when selected, although no affidavit to that 
 effect was filed at the date of selection. 
 
 It would thus seem that the inception of the trouble between the mineral 
 locators and Scrippers was due to the fact that the mining claims were re- 
 quired to be filed in the United States Land Office of the district where the land 
 was situated instead of in the County Recorder's office. By the latter process the 
 claimant in the land office did not become cognizant of any conflicting entries, 
 because the records there showed the tract to be vacant; and the mineral locator 
 was kept in equal ignorance of the situation, because there was nothing in the 
 County Recorder's office showing the existence of any bona fide title to give him 
 notice that the land was not subject to mineral entry. 
 
 It would appear that the logical remedy under the circumstances would be 
 to make it obligatory that all claims of whatsoever character affecting title to the 
 public domain should not only be filed in the local land office, but also placed on 
 the records of the County where the land is situated. The forest reserve lieu land 
 Act of June 4, 1897, has since been repealed, although the cases affecting the issues 
 involved are still pending in the Courts. I shall only discuss them hereafter as 
 they apply to the salient features of my story, as the details are too intricate to be 
 properly considered in the space at my command. 
 
 Suffice to say that among those who became interested in the acquisition 
 of title to these oil lands by process of forest reserve lieu selections were William 
 H. Crocker, a prominent capitalist of San Francisco ; William Singer, Jr., of the 
 Southern Pacific law department, besides Charles F. Gardner, Harry V. Reardan. 
 George E. Whitaker, a trio of San Francisco attorneys, and Wellington Gregg, 
 Jr., and George T. Cameron, the two latter acting in the capacity of agents for 
 Crocker, who was always a silent partner in matters of this kind, although it was 
 common knowledge that he was the financial backer of the scheme to secure con- 
 trol of much of these lands by the "Scripper" process. 
 
 Through Charles E. Swezy, a land lawyer of Alarysville, Cal., this combin- 
 ation had filed on several thousand acres of presumed oil land in the Kern River 
 field under the "scripper law," and in each instance it produced a conflict with some 
 mineral entry. In consecjuence a great many animosities were aroused, with the 
 result that threats of violence were made frequently against the so-called "Scrip- 
 pers" by the oil men. 
 
 It was during this acute stage that I was engaged by the associates of 
 Crocker to go into the affected district and take possession of the northeast 
 quarter and north half of the southeast quarter of Section 4, Township 29 South, 
 Range 28 East, Alt. Diablo Base and Meridian, upon which a forest reserve lieu 
 selection had been filed. This tract embraced 240 acres of the most valuable oil 
 land then known in the Kern River fields, and a portion thereof was being oper- 
 ated by Joseph A. Chanslor and Charles A. Canfield under a lease from the 
 mineral locators of the "June Bug" claim. They had installed a Standard rig on 
 the ground, and were preparing to drill for oil, and in order to prevent them 
 
 Page 396 
 
Horace Stevens, collaborator with S. A. D. Puter 
 
 in the authorship of "Looters of the 
 
 Public Domain" 
 
from making- a bona tide discovery, it was deemed expedient that injunction pro- 
 ceedings should be brought in the United States Circuit Court at Los Angeles, 
 restraining Chanslor & Canfield from continuing their drilling operations ; and ni 
 order to legally maintain this proceeding, it was considered absolutely necessary 
 that our side should be in possession of the land at the time the injunction suit 
 was brought. 
 
 Accompanied by a hired man, I reached liakcrsfield on the night of Jan- 
 uary 4. 1900. On the same train going south was George E. Whitaker, who was 
 interested with Crocker and his associates, and who continued on to Los Angeles 
 for the purpose of filing the injunction suit before Circuit Judge E. M. Ross. 
 The next morning after arriving in Bakersfield, I purchased a cook cabin, that 
 had been constructed on wheels, and was of the type in use among grain thresh- 
 ing crews. It was late in the afternoon before I had everything in readiness for 
 the trij) to the land, so that it became necessary for me to camp out on the way on 
 account of darkness, antl to move onto the disputed tract early in the morning of 
 January 6. 
 
 In discussing this feature of the situation afterwards, one of the Bakers- 
 field papers stated'that I took possession of the land "in the gray of the early 
 dawn," but this statement was a stretch of the imagination. As a matter of fact, 
 the roads leading into the oil fields at that time were exceedingly crude, and the 
 co<)k-wagon, being of unwieldly design, and liable to upset on the slightest provo- 
 cation, it would have been unsafe for me to have proceeded further that night, 
 especially in view of the Egypt-like darkness pervading the "kopjes" that dis- 
 tinguished the oil fields. It was after 10 o'clock that Saturday morning before 
 I reached a point on Section 4 where I knew that I w^as in actual possession of 
 the tracts embraced in our forest reserve selection. 
 
 In the meantime, Whitaker had returned from Los Angeles armed with 
 the temporary restraining order from Judge Ross, which was served upon the 
 crew of the drilling rig by a deputy United States Marshal. I accompanied them 
 back to town in their bugy with the idea of securing another vehicle and loading 
 it with provisions for our improvised residence, the calculation being to return 
 there that night. 
 
 I was on my way back when I met two men in a buggy, one of whom in- 
 quired if the cook wagon belonged to me. Upon my answering in the affirmative, 
 he continued : 
 
 "Well, are you camping on the ground temporarily, or are you there 
 permanently ?" 
 
 "Why, I am going to settle permanently," was my rejoinder. "It is a nice 
 looking country, and I have concluded to make it my future home !" 
 
 The speaker, who proved to be Frank Lindsay, of Fresno, grew furious 
 at my nonchalent manner, and ejaculated : 
 
 "I am one of the mineral locators of that land, and myself and associates 
 have leased the ground to Chanslor & Canfield, and they are coming down to- 
 night from Fresno with fifty armed men to put you ofif!" 
 
 "The h — 1 they are !" I answered in assumedly surprised tones. "Are their 
 lives insured ?" 
 
 This reply angered Lindsay to such an extent that words were inadequate 
 to express his indignation, and he drove ofif in the direction of Bakersfield at a 
 rapid pace, leaving a stream of blasphemy behind that resembled the phospores- 
 cent glare from the tail of a meteor. 
 
 When I reached the cabin. Joe, the hired man whom I had left in charge 
 during my absence, assured me that the same two men had called upon him, and 
 had made similar threats about armed men putting us ofif. At that I concluded 
 it was about time to take some kind of notice of what they had said, as I had con- 
 sidered previously that they were undertaking a game of "blufif." After Joe and 
 myself had partaken of our evening repast, I told him it was nothing more than 
 right that I should apprise Whitaker, one of our attorneys, of the situation, and 
 
 Page 398 
 
as his train did not leave until 9 o'clock that evening, I thought it possible to 
 intercept him before he left Bakersfield for San Francisco. The horse was still 
 hitched to the buggy, and as I got in to drive away, Joe asked me if I intended to 
 return that night. "I shall if I am alive," was my rejoinder. 
 
 "Then we had better agree on some countersign," he added, significantly, 
 "as you might get shot if you prowled around here without my knowing who 
 it was." 
 
 As he had formerly been a resident of Elmira, we agreed upon that as 
 the password, and under this understanding I drove away. Although there were 
 plenty of firearms in the cabin, I did not deem it expedient to take any kind of 
 weapon with me into Bakersfield. In the first place, I was on a peaceful mission, 
 and have always been opposed to committing any act that might involve the 
 shedding of human blood. Again, even if I felt disposed to resist by armed force 
 the attack of any group of enemies, it would have been folly for me to have done 
 so, as I was greatly outnumbered, and a conflict of the sort could only have 
 resulted disastrously to me in the end, no matter how successful I might have 
 been at the outset. 
 
 Upon my arrival in Bakersfield I found Whitaker preparing to take the 
 hotel 'bus for the train. I hurriedly informed him of what had occurred, and he 
 decided at once to defer his trip until morning. We held a conference on the 
 subject, and discussed various features incident to the condition of things. It 
 was finally resolved to lay the matter before Superior Judge J. W. Mahon, and 
 with that object in view we called upon him at his chambers, as per arrangement 
 by telephone. 
 
 Judge Mahon stated that he was powerless to prevent them from carry- 
 ing their threats into execution in the absence of any criminal charge, but advised 
 us to call on Sheriff Henry Borgwardt, Jr. The latter could afford us no relief, 
 either, but volunteered the suggestion that I had a perfect right to defend my 
 property. 
 
 "Even to the extent of taking human life?" I inquired. 
 
 "Yes," was the answer of Sheriff Borgwardt. "You would be justified in 
 shooting to kill if they undertake to attack you !" 
 
 I was mad all the way through by this time, and it had occurred to me that 
 there must be something radically wrong with the eternal fitness of things when 
 the laws could afford a citizen no protection as against the threatened onslaught 
 of an armed mob, and that flimsy legal technicalities might result in the taking of 
 human life. 
 
 "Then, if that is all the satisfaction I am able to secure from the lawful 
 authorities of this county," I retorted with considerable spirit, "I want you to 
 distinctly understand, Mr. Sheriff, that I am going back to my cabin tonight, and 
 that whoever comes there upon an errand of violence is going to smell 
 gunpowder." 
 
 This had a rather soothing effect upon the Sheriff, and it was evident that 
 he was preparing to sidestep any proposition that involved the chance of trouble. 
 I could see, too, that politics actuated the law officer in his conclusions more than 
 any sense of justice, because the Scrippers were decidedly unpopular in the com- 
 munity, and the voting element was strongly in favor of the alleged "poor 
 man's method" of taking up these oil lands through mineral locations. As a 
 wealthy syndicate afterwards secured control of nearly all the tracts embraced in 
 the placer mining locations, it is obvious that the scheme to arouse public senti- 
 ment against the Scrippers was part of a well-laid plot to use the local residents 
 as catspaws. 
 
 Sheriff Borgwardt fell back on his only recourse after his attention had 
 been directed to the possibilities of serious trouble ; he passed us up to the District 
 Attorney, and this official we found, after considerable search, enjoying a play 
 at Scribner's Opera House. In answer to Whitaker's card requesting an inter- 
 view on important business, District Attorney J. W. Ahern sent out word that he 
 
 Page 399 
 
wmild sec us immediately after the performance, so Whitaker and myself had to 
 rest our souls in patience until such time as it suited the convenience of the public 
 prosecutor to talk business with us. 
 
 W'e were both somewhat disgusted with the turn of events by this time, 
 and 1 told Whitaker candidly that, having- given the county peace t)fficials ample 
 notice that our lives were in danger, so that in case of any subsequent Court 
 proceedings it could be shown that we were acting upon the defensive, 1 was in 
 favor of returning to the cabin forthwith and preparing for the expected attack. 
 My plan as outlined to Whitaker was for all three of us — Whitaker, the hired 
 man Joe. and myself — to take up separate positions in the form of a semi-circle 
 around the cabin at a measined distance of 2CX^ yards, so that if necessary we 
 could concentrate a triangular tire uikmi any would-lie assailants. 1 felt satisfied 
 that no attack would be made that night, as it was bitterly cold, besides too dark 
 for them to proceed in our direction with any degree of caution, knowing, also, 
 that they were aware that we had received warning of their proposed coming. 
 Aly idea in suggesting a defense at such a long distance from the cabin was 
 based upon the fact that I had had considerable experience over the 200-yard 
 range at target practice, while a member of various rifle clubs, and knew that 
 it would give me an advantage, should the worst come to the worst. I felt satis- 
 fied, also, that if any attack was made, it would be about daybreak, in accordance 
 with Indian methods, and that if we put up a game defense, it w'ould have a 
 tendency to disconcert our assailants. 
 
 Whitaker opposed such measures, contending that we ought to exhaust 
 every process of securing legal protection rather than adopt any course that was 
 liable to result in bloodshed. While we were deliberating upon a plan of action 
 the 'bus drove up in front of the Southern Hotel, and a number of passengers 
 alighted. We saw the Deputy United States Marshal hand a paper to one of 
 those who had just registered, and guessed that it must be Canfield who was 
 being served with the restraining order from Judge Ross. 
 
 "Let's go in and ask him if he really intends to resort to violence in ousting 
 you from .Section 4," suggested Whitaker. I agreed to this, and we walked up 
 to him in the crowded lobby of the hotel. 
 
 "Is this Mr. Canfield?" inquired Whitaker. "It is," was the gruff response. 
 
 Whitaker handed him his card and continued : "We understand, Mr. Can- 
 field, that you have brought dow'u an armed force from Fresno for the purpose 
 of putting Mr. Stevens here off from Section 4 — is there any truth in that report ?" 
 
 "If Mr. Stevens is on my land I shall certainly resort to force to put him 
 oft' !" replied Canfield, with a determined expression. He was a square-jawed 
 individual, and I should imagine was a person of considerable bravery so long as 
 the odds were strongly in his favor. 
 
 "What land do you claim?" I asked. 
 
 He drew a map from his pocket and spread it on the table. "Our lease covers 
 this portion of Section 4," he said, pointing to some tracts that had been colored red. 
 
 I looked and saw^ that it related to the west half of the southeast quarter 
 of the northeast quarter, and the west half of the northeast quarter of the south- 
 east quarter of Section 4, Township 29, South, Range 28 East, Mt. Diablo Base 
 and Meridian. The strip was an eighth of a mile w'ide and half a mile long, 
 running north and south, and contained 40 acres. 
 
 My cabin was very near the center of the section, in the southwest quarter 
 of the northeast quarter, and more than an eighth of a mile from the western 
 line of the Chanslor & Canfield lease. I had placed it there purposely, as there 
 was a deep gorge separating us, and besides all that w^as necessary for me to hold 
 possession of the whole northeast quarter and the north half of the southeast 
 quarter — which included the Chanslor & Canfield lease — was to get my cabin on 
 any legal subdivision embraced in the forest reserve selection, and this I had done. 
 I indicated with my pencil the exact location of the cabin, whereupon Canfield 
 responded rather loftily: 
 
 Page 400 
 
Southern Hotel, Bakersfield, California, location of the mob's attack on Whitaker 
 
 and Stevens on the night of January 6, 1900 
 
 "You are not on my land, Mr. Stevens, so there is no use in discussing 
 the matter any further." 
 
 At this juncture a man stepped up to Canfield and said; "there is a com- 
 mittee of about tv/enty persons desirous of seeing you right away up on the 
 corner," and the famous oil operator left us in rather brusque fashion. 
 
 "I think it is all a bluff about any committee wanting to see him," re- 
 marked Whitaker. "Let's go up there and find out." 
 
 We followed after Canfield, but had barely reached the street corner upon 
 which the Southern Hotel is situated before we were accosted by William H. 
 McKenzie and Robert Rader, two Fresnoites, whom I then knew slightly. They 
 engaged us in conversation relative to my alleged "jumping" of the land in Section 
 4, and the argument was waxing rather heated on both sides when Whitaker and 
 myself were suddenly surrounded by fully one hundred excit&d persons, all clam- 
 oring like a lot of magpies, and evidently considerably put out about something. 
 Their sudden appearance reminded me very forcibly of the scene from Sir 
 Walter Scott's "Lady of the Lake," where the signal from Roderick Dhu 
 
 "garrisoned tho glen 
 
 With full five hundred armed men!" 
 
 Page 401 
 
Unlike the Highlanders, however, they were not a bit choice in their 
 language, and 1 soon saw that the burden of their displeasure related to me. in 
 fact, I was the storm center of all their accumulated aggregation of wrath, and 
 they proceeded to unload their vituperation upon me in a gloveless style. 
 
 In all my experience I had never encountered individuals half so skilled 
 in the use of blasphemous expressions. They seemed to be pastmasters in the 
 art. and what impressed me most was the array of ponderous jaws, all turned 
 in my direction. In fact it resembled a sea of upturned jaws, and for a few sec- 
 onds I would have sold out my interest in Section 4 and about everything else 
 worth having at a very cheap figure. 
 
 There did not appear to be much humor in the situation, and I cannot 
 comprehend what possessed me to do it, but I told the crowd a funny story, 
 and some of them were kind enough to laugh at it. and then I knew that the 
 danger crisis was passed. W'hitaker and I had become separated, and I saw 
 him expostulating wildly with a bunch of the square- jawed fraternity fully twenty 
 feet away from me. Gradually, however, they left him. and concentrated their 
 energies on me. 
 
 They undertook to harangue me concerning the relative rights of the 
 mineral locators and scrippers to the lands, and I knew that as soon as they started 
 into talking we had them. We argued the proposition in all its phases from 9 :30 
 at night until 1 :30 the next morning — four hours of solid discussion — and 
 finally reached what each side viewed as an amicable adjustment of the diffi- 
 culty. It was arranged that ten of their number should accompany me to the 
 cabin on Section 4 ; that I should remove my personal belongings, lock the door 
 of the establishment, and that I was not supposed to know what happened 
 afterwards. 
 
 Some of the mob demanded that both Whitaker and myself accompany 
 them to the cabin, but he refused absolutely to agree to any such proposition, 
 but I was willing to go for several reasons ; in the first place, it would not have 
 been fair to Joe, the hired inan, to have left him there alone and let the crowd 
 come in on him without any warning. He would most likely have opened fire 
 on them as soon as they undertook to disturb the cabin, and while he might have 
 injured some of them, they w^ould eventually have killed him. Besides, the pro- 
 ceeding was in the nature of a forcible ejectment from the land, and my legal 
 rights were in no way impaired thereb}'. I was not particularly infatuated with 
 the idea of living out there in the cabin in the first place, and this "forcible eject- 
 ment" idea furnished an excellent solution of the whole thing, as I could thereaf- 
 ter live in comfort in town, while, from a legal point of view, I was still a resident 
 of the bleak and desolate Section 4, and figuratively speaking, my cabin was yet 
 on the land. 
 
 It did not take us long to act after we had reached the conclusion indicated. 
 A two-seated rig was secured, and accompanied by four men, I started for the 
 cabin. Following us was a four-horse wagon, in which were six or eight 
 additional men, the idea being for them to attach the tongue of our four-wheeled 
 cabin to the larger vehicle and haul it off the land. It was pitch dark when 
 we reached the vicinity of the cabin, and I called a halt, telling them that I would 
 get out and go on ahead so as to apprise Joe of our coming. 
 
 "He is subject to heart disease," I said, significantly, "and if he is rudely 
 awakened by this crowd, it might have a disastrous effect upon his nervous 
 system." 
 
 My companions appeared to see the point, so I went on ahead and gave 
 Joe the countersign. He had been asleep, but as soon as he heard my voice he 
 was outside in an instant with a shotgun in one hand and my favorite rifle in the 
 other. In his half-drowsy condition he v.as liable to shoot me or anybody else, 
 and it was some moments before he properly understood the situation. It was 
 easy to perceive the wisdom of my accompanying the crowd. 
 
 Page 402 
 

 
 (While the injunction proceedings involving the right of Chanslor & Canfield to 
 continue their drilling operations on portions of Sec. 4, Tp. 29 S., E. 28 E., M. D. M., 
 embraced in the "June Bug" claim, were pending before Judge Ross in the United 
 States Circuit Court, at Los Angeles, Cal., a cipher form of communication was arranged 
 between Wm. Singer, Jr., an attorney for the Scrippers, and Horace Stevens, their repre- 
 sentative in the Kern River oil fields. The foregoing is a facsimile of the original, in 
 the well-known handwriting of the San Francisco lawyer. Its significance may be properly 
 understood when it is known that a compliance with either instruction by Stevens would 
 have involved the possibility of bloodshed, so intense was the feeling existing between 
 the contending factions. Interpretation of the code indicates that had Singer wired 
 Stevens to the effect that the oilmen had filed affidavits while the ease was going on 
 that an actual "discovery" of petroleum had been made upon any portion of the disputed 
 tract, Stevens was to take immediate advantage of this fact by filing placer mining 
 locations covering the portions affected. The object of this move was to circumvent the 
 oilmen whose only show of title was based upon mining locations that were made prior 
 to finding oil, the statutes requiring that all valid claims to mineral lands must be based 
 upon a "discovery" of mineral of some kind in paying quantities. It was therefore 
 considered that had Stevens got in ahead of the mineral claimants with fresh locations, 
 based upon any actual discovery of the oilmen, it would endow the Scrippers with a 
 superior advantage in being possessed with whatever rights accrued under their forest 
 reserve lieu selection, as well as a prio-r valid mineral entry, thus standing to win, no 
 matter how Judge Ross decided the case. His ruling took an unexpected turn, however, 
 when he held that a test well should be drilled to the same depth — 118 feet — at which 
 the original locators of the "June Bug" claim alleged in their location notice that oil 
 had been found.) 
 
 After we had taken our personal belong-ings from the cabin, and locked its 
 door, I signalled the others to come on, and as the two-seated rig drove up, Joe 
 and I piled into it and were driven hurriedly back to town. That night the others 
 hitched the cabin to their four-horse wagon and hauled it onto the south half of 
 the southeast quarter of Section 4, which was patented land, and therefore not 
 subject to disturbance of title by reason of any adverse occupancy. 
 
 When the injunction proceedings came up for hearing before United 
 States Circuit Judge Ross, he directed that a test well should be drilled on Sectioii 
 4 to the same depth wherein it was claimed a discovery of oil had been made 
 simultaneously with the mineral location, and upon which alleged "discovery" 
 the claim was based. The original locators had set forth in their filing that they 
 had reached petroleum oil at a depth of 118 feet, and Judge Ross held that if a 
 test well corroborated this contention, he would dissolve the injunction ; other- 
 wise he would make it permanent, so he appointed William R. Rowland and H. 
 
 E. Graves, two prominent oil operators of Los Angeles, as Commissioners to have 
 ■> 
 
 Page i03 
 
^5 
 51 a 
 
 1^ 
 
 
 05 
 
 s 
 
the well bored and with instructions to report their conclusions in open Court with 
 as little delay as possible. O. M. Souden accompanied them in the capacity of an 
 expert driller. 
 
 A word or two in regard to this original "discovery" well: When it was 
 announced that Judge Ross had ordered a test well to be bored, corresponding 
 in depth and general characteristics with the alleged "discovery" well, it was the 
 first intimation I had of the existence of the latter, so in company with Charles 
 E. Swezy, I undertook to find it. After considerable search we came across a dry 
 hole near the southern boundary of what was known as the "June Bug" claim, 
 upon which Chanslor & Canfield had their lease. Swezy and myself were equipped 
 with a long, heavy cord, and prepared to take soundings of any well we might 
 encounter. The locators of the June Bug claim had declared that at the depth of 
 118 feet they had struck a strong flow of petroleum oil, which had risen several 
 feet in the hole, so Swezy and I proceeded to make sure about it. 
 
 We attached a heavy piece of bar iron to the end of the cord, and let 
 it down into the well. It came up perfectly dry, and we thereupon sat down and 
 wrote out a report of our findings in order to be on the safe side. Just before 
 the Commissioners were expected to arrive, we concluded it would be a wise idea 
 to make another inspection of the well, and much to our surprise, upon sinking 
 the bar of iron down as before, it came up thoroughly saturated with oil, and 
 investigation developed that there was at least 20 feet of petroleum in the well. 
 So hurriedly had the well been "doctored" in fact, that the oil was freshly 
 splashed all over the sides, and when the Commissioners came and saw what had 
 been done, they tested the oil and pronounced it "dead" — that is, oil that had been 
 in a barrel a long time before being poured down the hole. "Live" oil, just from 
 the earth, is readily recognizable on account of its tendency, to bubble wdien hrst 
 brought to the surface, and to develop "rainbow" hues. 
 
 I represented the "Scrippers" while the test well was being bored, and as 
 only a small hand-rig could be used, and the weather was very cold, all were 
 glad enough of a chance to work at the drill and keep warm. While we were 
 thus engaged, a crowd of drillers who had been in town th^ night before having 
 a good time, and were pretty much the worse for wear in consequence, drove 
 along the ridge above us, and as the crisp morning atmosphere conveyed every 
 sound, we were greatly amused to hear one of them call out to his companions 
 in contemptuous tones : 
 
 "See them damned fools down there trying to strike oil with a hand-rig." 
 
 As the distance we had to drill was but 118 feet, and to have installed a 
 Standard rig on the ground would have involved a great deal of extra expense, 
 it is obvious that a hand-rig was the most available contrivance for our purpose. 
 The drilling operations consumed several days, and as the hole progressed to the 
 depth demanded by the order of the Federal Court, I took every precaution to 
 see that there was no repetition of the "doctoring" process. It was even asserted 
 in the Bakersfield papers that I slept over the hole, but my anxiety was not quite 
 that acute, although I sealed the well at night in such a way that if there had been 
 any tampering with it I should have known it at once. 
 
 The day following the departure of the Commissioners I took a reporter 
 of the Bakersfield Morning Echo named Merrill out to the well and had him make 
 independent soundings with a view of ascertaining whether there had been any 
 signs of petroleum found in the hole. He attached a soda water bottle to a heavy 
 fish cord and sunk it in the liquid that was encountered at the bottom, and it came 
 up filled with clear water. There was not even the slightest sign of rainbow hues 
 so common to this kind of oil, and ]\Ierrill expressed himself as satisfied that 
 there had been no trace of oil foiuid. 
 
 "Then are you prepared to say as much in the Echo tomorrow morning?" 
 I inquired. 
 
 "No," responded ^Merrill, "it would be as much as the life of the paper was 
 worth to say anything favorable to the Scrippers, no matter how true it might be !" 
 
 Page 405 
 
Birdseye view of an oil field in Southern California 
 
 And all this during the year of our Lord, 1900, when the people of the 
 United States were supposed to be independent, and it was not thought that 
 shackles of any kind manacled the liberties of the press ! 
 
 Well, it may be said to Merrill's credit that he did the best he could under 
 the circumstances, and in a roundabout way made it appear that the Commis- 
 sioners had not found petroleum oil of any consequence in the test well. 
 
 It came, therefore, as a great surprise to those directly affected, when 
 Commissioners Rowland and Graves reported to Judge Ross that they had found 
 unmistakable evidence of the existence of petroleum oil in the hole, thus sus- 
 taining the contentions of the oil men that a "discovery" had been made at a 
 depth of 118 feet. Half a thousand wells have been drilled in that vicinity since 
 and not one has found oil under 300 feet, and if the Commissioners would go 
 back to Kern county today and announce that oil could be reached at the depth 
 of 118 feet on any portion of Section 4, Township 29 South, Range 28 East, 
 M. D. M., kind hands would lead them gently away, and with tender emotions 
 safely consign them to some friendly lunatic asylum. 
 
 The records of Kern county show that immediately after the report of 
 Commissioners Rowland and Graves had been made to Judge Ross, a deed was 
 placed on file from C. A. Canfield, conveying to the two Commissioners the 
 south half of the northwest quarter of Section 29, Township 28 South. Range 
 28 East, M. D. ]\I., and containing 80 acres in the proven territory, wnich, with 
 its improvements, was sold by them in less than eighteen months for an amount 
 ^g&i'egating considerably more than $100,000. The consideration named in the 
 original transfer from Canfield to Rowland and Graves was about $20,000. 
 
 William H. Crocker and those interested with him in the scripper land 
 became disgusted with the findings of the Commissioners, and disposed of their 
 holdings in the Kern River field to a syndicate composed of Riverside and Los 
 Angeles capitalists, of which Shirley C. Ward, a leading attorney of the latter 
 place, and J. R. Johnston and H. T. Hays, both of Riverside, were the controll- 
 ing spirits. They continued my employment as general superintendent of their 
 affairs in that district, and prepared for an aggressive legal campaign against 
 the mineral locators. 
 
 Page 406 
 
Crocker afterwards ex- 
 pended fully $200,000 drilling 
 various "wildcat" wells there- 
 abouts, but misfortune seemed 
 to have followed all his foot- 
 steps, although his operations 
 were carried on in a conscien- 
 tious manner. He eventually 
 withdrew his casing from nu- 
 merous "dry" holes, and retired 
 from the field, a sadder, if not a 
 wiser man. 
 
 It was but a short time 
 after Ward and his associates 
 had assumed charge of the liti- 
 gation affecting the forest re- 
 serve selections that Judge Ross 
 astounded everybody by render- 
 ing a decision in the case of the 
 Olive Land and Development 
 Company against Olmstead, et 
 al., which was in the nature of a 
 complete victory for the scrip- 
 pers. The Court held in thi-^ 
 proceeding (103, Fed., 568, de- 
 cided July 9, 1900) that "the lo- 
 cation as an oil placer mining 
 claim of public lands upon which 
 no discovery of oil has been 
 made, vests the locators with no 
 rights in such lands as against 
 the United States, or as against 
 one subsequently acquiring the 
 title thereto or rights therein 
 from the United States by any 
 legal means prior to any such 
 discovery." 
 
 To add to the discomfit- 
 ure of the situation, Commis- 
 sioner of the General Land Office Binger Hermann, about this time held in 
 similar cases coming before him. that there could be no valid mineral location 
 prior to a discovery, and that the discovery should not merely reveal indications 
 of mineral, but should be based upon the finding of mineral in paying quantities. 
 In consequence of these rulings, the spirits of the Scrippers became wrought 
 up to the highest pitch of exuberence, while those of the mineral locators were 
 correspondingly dejected. 
 
 About this time the Cosmos Exploration Company began simultaneous 
 actions in the Federal Court and the Land Department against the Gray Eagle 
 Oil Company, involving title to the west half of Section 30, Township 28 South, 
 Range 28 East, M. D. M., while the Pacific Land and Development Company 
 brought similar suits against the El wood Oil Company, affecting the west half 
 of the southwest quarter of Section 4, Township 29 South, Range 28 East, M. 
 D. M. The plaintiffs in both instances were corporations of the Ward- Johnston- 
 Hays syndicate, claiming under forest reserve selections, while the defendants 
 were holding under mineral locations. Precisely the same issues were involved 
 as were at stake in the Olive Land and Development Company case, hence the 
 scrippers felt very sanguine of results. 
 
 Sample "seepage" in the oil fields 
 
 Page 407 
 
W Ink' tlK>e two suits were pending before judge Ross ami the Laud De- 
 partment, during August and September. I'^OO, it was announced with a great 
 l)lare of journahstic trumpets, that I'.inger Hermann, the innnaculate Connnis- 
 sioner of the Cjeneral Land Office, was coming West for the jnirpose of studying 
 conditions afi'ecting the issues between the oil men and the scrippers. According 
 to the statement contained in the dispatch conveying this information, Hermann 
 was not satisfied with the reports he had received from special agents and 
 through other sources, but wanted lo be on the ground and investigate for him- 
 self. "Out on the firing line," as he proclaimed afterward. 
 
 It is necessary for me to enter into details concerning some of these occur- 
 rences, in order to show the close connection between certain events about this 
 stage of the game, and in order to fortify what I am about to relate covering 
 other phases of diflferent matters. 
 
 No sooner had it been announced that Commissioner Hermann was per- 
 sonally going to visit the Kern River oil fields, than the big oil operators began 
 to develop a tremendous vein of activity. More than $25,000,000 worth of 
 property was involved in the suits between themselves and the Scrippers, and it 
 was a case of desperate ends requiring desperate measures. What followed is 
 best shown in quotations from the Los Angeles newspapers of the period, 
 wherein it appears that Mr. Hermann was well treated during his brief stay on 
 the Coast. He was met at Albuc[uerque. New Mexico, by a private car contain- 
 ing Charles A. Canfield, Edward L. Doheney, A. B. Butler and Congressman 
 R. J. Waters, of the Eighth Congressional District of California, and escorted 
 with all due pomp and ceremony on his so-called tour of inspection of the 
 oil fields. 
 
 The Los Angeles Herald, of August 27, 1900 — page 3, second column — 
 contains a dispatch from Bagdad, Arizona, to the elTect that Hermann had 
 reached there the preceding day, and was accompanied by Congressman Waters, 
 whom the report stated met him at Albuquerque, and that the two had visited 
 several forest reserves while en route. They expected to arrive in Los Angeles 
 August 27, and would spend the day inspecting the local land office. 
 
 The Los Angeles Times of August 28, 1900 — page 12, Column 4 — prints 
 an account of Hermann's arrival in a private car, accompanied by Congressman 
 Waters and wife, C. A. Canfield, "and others," including Edward L. Doheney 
 and bride. 
 
 Los Angeles Herald, Tuesday, August 28, 1900 — 1st page, column 1, 2, 
 and 3, and page 3, columns 6 and 7 — also had an extended report regarding 
 Hermann's movements. Wallace L. Hardison, the proprietor of the paper at 
 that time, was a heavy oil producer, and heartily in sympathy with the mineral 
 locators. He therefore had a large-sized axe to grind in showering attentions 
 upon the Land Commissioner. The Herald of this date announced Hermann's 
 arrival in a private car on the Santa Fe Overland, escorted by Congressman 
 Waters. They were met at the depot by a committee from the Chamber of Com- 
 merce, in addition to Forest Superintendent B. F. Allen, A. J. Crookshank and 
 Arthur W. Kinney, register and receiver, respectively, of the Los Angeles land 
 office. It was likewise stated in black-face type that it was Hermann's intention 
 to visit the Bakersfield oil fields that morning. 
 
 Los Angeles Herald, August 29, page 9. colunm 3, contains a dispatch 
 from Bakersfield in its "News from the Oil Fields and the Mines," department, 
 telling about the arrival there of Commissioner Hermann in a special car, ac- 
 companied by United States Surveyor-General Cleaves, Special Agent Jay Cum- 
 mings. Congressman Waters, and C. A. Canfield, E. L. Doheney and A. B. But- 
 ler, three of the principal oil producers of the State. The dispatch stated 
 further that the private car was pulled direct on the spur track to Oil City, the 
 shipping point of the Kern River fields, where they were met by teams provided 
 (by the oil men ) and taken all over the fields. 
 
 Page 408 
 
During Hermann's visit to the oil fields he came in contact with no per- 
 son not in sympathy with the mineral locators, and on all sides his head was 
 filled with tirades against the Scrippers. 
 
 F. Roper, vice-president of the Kern Valley Bank, and one of the most 
 respected citizens of Bakersfield, was an old friend of the Land Commissioner, 
 having known him in Oregon, but on account of Roper's well-known sympathy 
 with the Scrippers, he was not allowed to come within trumpet call of him, there 
 being a constant guard of oil men around Hermann to see that the Scrippers' 
 side of the story did not reach his ears. 
 
 Hermann submitted to an interview at some point while returning to 
 Washington, and made the declaration that he had found positive evidence of 
 the existence of petroleum oil "leading up to the derricks" in every portion of the 
 Kern River fields. According to his statement in this respect, oil seepages were 
 visible upon every hand, and this condition had prevailed at the time the first 
 mineral locations were filed. As a matter of fact, the only known seepage in 
 the Kern River oil fields exists at the point of original "discovery," in the south- 
 east quarter of the southeast quarter of Section 3, Township 29 South, Range 
 28 East, M. D. M., and aside from that insignificant outcropping — which really 
 had no bearing whatever upon the existence of petroleum in the vicinity — there 
 was nothing to show that the lands were fit for anything except grazing purposes 
 at the time the rush to acquire titles first began. 
 
 At all events, Commissioner Hermann lost no time after his return to 
 Washington, in deciding the two contest cases of the Cosmos Exploration 
 Company against the Gray Eagle Oil Company, and the Pacific Land and Im- 
 provement Company against the Elwood Oil Company, in favor of the defend- 
 ants, and completely reversing himself in former rulings. 
 
 On top of this came the decision of Judge Ross relative to the injunction 
 proceedings pending before him in these two cases, in which the Court swept 
 away whatever props Hermann had left for the Scrippers to lean on. 
 
 I had been in constant attendance during the arguments of counsel in 
 the cases before Judge Ross, and had taken an active part in securing evidence 
 for the Scrippers. I had sent in thirty-three affidavits, in addition to my own, 
 of well-known citizens of Kern County, showing that the lands in controversy 
 never had any signs of petroleum oil on them prior to the filing of the mineral 
 locations, and that they had been used for fifty years past as grazing lands ; also 
 that there were no improvements on the west half of Section 30, Township 28 
 South, Range 28 East, M. D. M.,( claimed by the Gray Eagle Oil Company) in 
 December-, 1899, when the forest reserve or "Scrip" selections were made, nor 
 in fact until January, 1900. 
 
 Opposed to this array of testimony were the affidavits of C. A. Canfield 
 and Edward L. Doheney, to the effect that they had seen a Standard rig in oper- 
 ation on the west half of Section 30 as early as November, 1899, and the 
 affidavits of Frank Pitney and O. B. Phelps (both of whom were also deeply 
 interested in the success of the mineral locations), that the formation bore 
 unmistakable evidence of petroleum deposits. Pitney had formerly been a local 
 fish dealer, and Phelps had never seen an oil well before coming to Kern County. 
 Neither had any more intimate acquaintance with the geological conditions 
 affecting the formation of the Kern River fields than a pig has about astronomy. 
 ?nd yet Judge Ross accepted their unsupported statements as gospel truth, and 
 turned down the disinterested testimony of some of Kern County's best citizens! 
 
 The decision of Judge Ross in the case was one of the most remarkable 
 documents I ever perused. Prominent lawyers of Los Angeles, who attended 
 the arguments and familiarized themselves with every phase of the situation, 
 declared in emphatic terms that the attorneys for the Scrippers had made much 
 the best showing, and that there was no possible excuse for Judge Ross to decide 
 against them. Everybody on our side felt the same way because the oil men 
 had certainly made a lamentable showing. 
 
 Page i09 
 
My first niisj2^iving came when W. E. DeGroot, a Los Angeles pawnbroker, 
 who was heavily interested in the Reed Oil Company, of Bakersfield, and one 
 of the leading factors in the warfare against the Scrippers, offered to wager 
 heavy odds that Judge Ross would decide in favor of the Gray Eagle and Elwood 
 Oil Companies. This was before the cases had even been submitted, and while 
 the arguments were still in progress. 
 
 On September 24, 1900. Judge Ross made his now famous decision in 
 the two cases, completely demolishing every vestige of title set up by the Scrip- 
 pers to the lands. Not only that, but the findings of the Court ended with the 
 suggestion that the United States Grand Jury, then in session, should take 
 official cognizance of the variance in the two sets of affidavits that had been 
 presented for consideration, hinting that myself and others had committed 
 perjury when we swore that the land had any agricultural value, and that the 
 west half of Section 30 was not in the possession and occupancy of the Gray 
 Eagle Oil Company at the time the forest reserve selections were made. 
 
 Frank P. Flint (since elected United States Senator from California), 
 was then United States Attorney for the Southern District of California. Inci- 
 dentally he was also one of the leading attorneys for the oil men, and decidedly 
 opposed to the Scrippers in every way. It therefore came with exceedingly 
 good grace for Mr. Flint to do all in his power to have us indicted, on account 
 of the terrorizing effects of such a proceeding, and he lost no time in adopting 
 the Court's suggestion. 
 
 Indictments were accordingly prepared against myself and the thirty- 
 three others who had substantiated my statements, and I was advised that I had 
 better get busy and secure bonds if I wanted to keep out of prison. It was at 
 this critical stage that I met Milton McWhorter one day on the streets of Bakers- 
 field. He had been the contractor for the Gray Eagle Oil Company and for C. 
 A. Canfield, and in such capacity had drilled the first oil well, besides erecting the 
 initial improvements on the west half of Section 30, over which all the trouble 
 was about. 
 
 It struck me as rather peculiar, as soon as I saw McWhorter, that he had 
 not been called as a witness by the oil men, so I determined to ask him the 
 reason, as we were quite friendly. 
 
 "Mac," said I. "why didn't Canfield and the Gray Eagle people get you 
 to testify for them in those Scripper cases?" 
 
 "Oh, I guess they did not want me very badly," he replied with a signifi- 
 cant expression of countenance. 
 
 It was like a drowning man grasping at a straw, and I pressed him for 
 an explanation. This he at first refused to give me, but finally said that if it 
 could be of any personal benefit to me he did not mind giving me the facts, but 
 otherwise it would only tend to create enmity, and hurt him in his business. 
 
 In the most earnest manner at my command. I informed McWhorter that 
 they were trying to indict myself and associates for telling the truth about Section 
 30, and that if he was aware of any evidence that would help us out. it was his 
 duty to supply me with the information. 
 
 "Well," he declared vehemently, after reading a copy of my affidavit, 
 "they will never put you behind bars for w^hat you have sworn to here if I can 
 help it. and I guess that I can, too, because everything you have said here is 
 the truth. In fact, you have not put it strong enough. I have documentary 
 evidence that they never hauled a load of lumber on Section 30 until after 
 January 8, 1900. for the reason that the bill was not purchased from the 
 VVendling Lumber Co. until that date. I drilled the first holes out there, and 
 none of them were put down until after the lumber was purchased and the der- 
 ricks were erected, which was some time subsequent to January 8." 
 
 McWhorter then conducted me up into his office and showed me his 
 account books as kept by John Rader, his bookkeeper, and said that if necessary 
 
 Page 410 
 
Standard drilling rig in operation, showing a "sump hole" where the 
 oil is stored after a gusher has been struck 
 
 he would not only accompany me to Los Angeles and appear before the Federal 
 Grand Jury with his evidence, but would also have Rader go with us so as to 
 substantiate everything contained in his books. 
 
 This conversation occurred about noon, and within the next hour I had 
 wired Shirley C. Ward, our attorney at Los Angeles, a complete statement cov- 
 ering the evidence secured, and had received instructions to proceed to Los 
 Angeles with McWhorter and Rader, together with their books, bills for material 
 and other documentary evidence, as fast as steam could carry us. 
 
 Upon our arrival in Los Angeles, we went direct to Ward's office and 
 exhibited the convincing proof we had brought with us. He was overjoyed at 
 the sight of the evidence, and accompanied us to the United States Attorney's 
 office and asked permission to have McWhorter and Rader go before the inquis- 
 itorial body and give their testimony. 
 
 Mr. Flint objected to the introduction of the evidence to the Grand Jury, 
 and in this position he was sustained by District Judge Olin M. Welborn, whose 
 son, Charles Welborn, was the attorney for E. L. Doheney, whereupon Ward re- 
 sorted to the only available method of acquainting the organization with the nature 
 of the proposed evidence by writing a letter to the foreman of the Grand Jury 
 and requesting permission from Judge Welborn in open Court to have this 
 communication delivered. 
 
 This request was also refused by Judge Welborn, just as Ward expected 
 it would be, but the episode did not escape the eagle eyes of the newspaper re- 
 porters present, exactly as the astute lawyer had planned, with the result that 
 every paper in Los Angeles printed the text of what had been written to the 
 foreman of the Grand Jury. 
 
 Ward had practically made a brief of what he expected to prove by 
 McWhorter and Rader, and as soon as the jurymen read the papers they sum- 
 moned McWhorter and Rader before them, Mr. Flint to the contrary notwith- 
 standing. The straightforward statements of the two men, made doubly im- 
 pregnable by the mass of unimpeachable documentary evidence they had brought 
 
 Page 411 
 
with them, produced a profound sensation in the Grand Jury room, and had the 
 effect of causing the body to ignore the indictments previously formulated, and 
 prepare new ones, charging Charles A. Canhehl and Edward L. Doheney with 
 the crime of perjury in having made false affidavits that the west half of Section 
 30 was in the possession of the Gray Eagle Oil Company as early as November. 
 1899, and that they had seen a Standard rig in operation there at that time. 
 
 Thereupon Mr. Flint awoke to a sudden realization of the fact that he 
 was something more than the mere attorney for the oil men. and in his official 
 capacity as United States Attorney, pointed out to Judge Welborn that inasmuch 
 as Judge Ross had held in his clecision heretofore referred to that he had no 
 jurisdiction over the cases at bar, consequently no crime could have been com- 
 mitted in any proceeding before him. no matter how glaring the perjury might 
 have been, and it has always remained a mystery why Mr. Flint did not think of 
 that when he was laying the iron fist of the Government down upon a lot of so- 
 called Scrippers. When Mr. Flint's term of office expired, he was not re- 
 appointed, although making a vigorous effort for the place. He has since been 
 elected United States Senator from California, defeating Thomas R. Bard, one 
 of the most honorable men that ever represented the State in the upper branch 
 of Congress, and it is claimed that Mr. Flint was greatly assisted in his election 
 through the influence of the Southern Pacific Railroad Company, which had no 
 use for Bard. 
 
 Immediately after Judge Ross had rendered his decision in the Olive Land 
 and Development case, wherein the contentions of the Scrippers were sustained 
 at every point, the oil men of Bakersfield boasted quite freely that they were rais- 
 ing a campaign fund for the purpose of neutralizing the effects of these findings. 
 They made no secret of the matter at the time, and in the course of a civil action 
 tried in Bakersfield during 1902. Judson Elwood, one of the active spirits among 
 the mineral locators, admitted on the witness stand that a large sum of money had 
 been raised to fight the Scrippers. and that he had personally subscribed $1000 
 towards this fund, although he was nothing more than one of the small frys in 
 this immense kettle of fish. Just what amount was secured by process of assess- 
 ment upon each person whose interests were identified with the mineral locators 
 may perhaps never be fully known ; but that it must have aggregated an immense 
 sum is evident from the sensational developments following closely upon the foot- 
 steps of the Court's adverse ruling. 
 
 Rumors were rife all along after Judge Ross decided the cases of the 
 Cosmos Exploration Company I's. the Gray Eagle Oil Co. ; and the Pacific Land 
 and Improvement Company vs. the Elwood Oil Company, in favor of the defend- 
 ants, that everything was not as it should be, but it was not until 1904 that I came 
 in possession of tangible evidence that Judge Ross had a sordid motive in revers- 
 ing himself. 
 
 Somehow or other the Government found out that I entertained grave sus- 
 picions on the subject, and ]\Iay 20, 1904, I received telegraphic instructions to 
 proceed to Los Angeles and investigate every feature of the situation as far as 
 possible. I had gone away from Bakersfield in the summer of 1902, and for 
 several months was employed on the IjOS Angeles papers when engaged by the 
 California State Mining Bureau upon some special service that shall form the 
 basis for a separate chapter. I was in San Francisco at the time of being com- 
 missioned by the Government to run down the ugly rumors that were afloat con- 
 necting the names of Binger Hermann, Commissioner of the General Land Oflice, 
 with the scandals incident to Hermann's visit to the Kern River oil fields in a 
 private car provided by the oil men, and of Judge Ross' acrobatic ruling in the 
 last Scripper cases that came before him. I lost no time in going to Los Angeles 
 upon the errand designated, and after spending several days there gathering in- 
 formation upon the subject, made a report to the Government substantiallv as 
 follows : 
 
 Page 412 
 
Stevens' Report to the Goveiiuuefit Coiieeniiiii^ the Disappeanviee of Henry J. 
 Fleiseluuann, and His Connection witJi tJie Seripper Cases. 
 
 Pursuant to your telegraphic instructions of May 20, 1904, I proceeded to 
 Los Angeles on the 21st instant, and the next day, as well as the following Mon- 
 day, was in consultation with Shirley C. Ward, one of the leading local attorneys 
 for the Scrippers, and J. R. Johnston, president of the Cosmos Exploration Com- 
 pany and the Pacific Land & Improvement Company, from whom I gathered 
 much valuable information relative to the sensational flight from justice, in the 
 latter part of 1900, of Henry J. Fleischmann, cashier of the Farmers' & Merch- 
 ants' Bank, of Los Angeles. 
 
 According to Johnston, who was an intimate acquaintance of Fleischmann, 
 on the Wednesday night preceding the decision of Judge Ross on the following 
 Monday in the Scripper cases, and shortly after Commissioner of the General 
 Land Office Hermann had visited the Kern River oil fields, he (Johnston) was 
 sitting near the large open window in the lobby of the W^estminster Hotel in 
 Los Angeles, when Henry J. Fleischmann passed by, accompanied by a female 
 companion. He excused himself to her for a moment, and came inside, accosting 
 Johnston in an excited manner with this exclamation : 
 
 "Well, you have been sold out in those cases all around, and you are beaten ! 
 There is no show on God's earth for you to win!" 
 
 Johnston asked him what he meant, and Fleischmann replied : 
 
 'T haven't time to tell you now, and besides, we are exposed to view from 
 the street ; but come down to the bank early tomorrow morning, and I will explain 
 everything." 
 
 Johnston was ailing at the time this conversation occurred, and that night 
 his condition became rapidly worse, so that he was obliged to retire to his room, 
 where he was confined a week. As soon as he was able to be out, he repaired to 
 the bank and heard Fleischmann's story. In the meantime Judge Ross had ren- 
 dered his famous decision adverse to the Scrippers. 
 
 The first question that Fleischmann asked Johnston was, "Are you a 
 Mason?" Being answered in the negative, Fleischmann continued: 
 
 "Well, I've known you a long time, anyhow, but if you were a Mason, I 
 would tell you a great deal more." 
 
 He then went on to relate that Judge Ross' decision was read in the private 
 office of the bank at least ten days before it was rendered, to a group of persons 
 consisting of Charles A. Canfield, J. A. Graves (brother to H. E. Graves, whom 
 Judge Ross had named as one of the Conmiissioners to drill the test well on Sec- 
 tion 4, Township 29 S., R. 28 E., M. D. M.), President I. W. Hellman, of the 
 Farmers' & Merchants' Bank, and himself, and after Canfield and Graves had 
 expressed their approval concerning the salient features of the decision, that 
 Judge Ross had thereupon borrowed from the Farmers' & Merchants' Bank, on 
 his unindorsed note, the sum of $20,000, with which he purchased stock in the 
 Canfield Oil Company at 15 cents per share, and which were repurchased by Can- 
 field immediately after the decison in question had been handed down for 55 cents 
 per share, giving Judge Ross a net profit of more than $55,000 by the transaction, 
 and that the records of the bank would exhibit the whole thing. 
 
 Fleischmann arranged the chairs in the room in such manner as to indicate 
 to Johnston where each participant sat during the entire proceedings. He had 
 previously told H. T. Hays, of Riverside, California, and his attorney, Edward A. 
 Meserve, of Los Angeles, all about it, and had intimated that another high Fed- 
 eral official was involved. 
 
 Johnston, Hays and Meserve went to Fleischmann in a body and implored 
 him to expose the whole afifair in the interest of justice. Fleischmann replied 
 that' if they would throw out a dragnet, as he expressed it, so as to apparently en- 
 tagle him in its meshes — meaning that if they would have all the different cash- 
 iers of the various local banks subpoenaed, so as to make it appear that he was an 
 
 413 
 
involuntary witness, and that his testimony was being forced out of him — he was 
 willing to go on the witness stand and tell the whole truth. This was agreed to, 
 whereupon Johnston, Hays and Meserve incorporated Fleischmann's statement 
 in an affidavit which they signed and filed with the Department of Justice at 
 Washington. D. C. 
 
 At this stage of proceedings Fleischniann suddenly disap])eared. and the 
 amount of his alleged defalcation was currently reported to be in the neighborhood 
 of $90,000, but in a letter written to Meserve from Peru subsequent to his flight, 
 Feischmann made a clean breast of everything pertaining to this phase of the 
 situation. He declared that he was given $500,000 in bills of the denomination 
 of $1000 each, and fled first to the City of Mexico, where he was joined by a 
 trusted friend, at that time a resident of Los Angeles. 
 
 It was arranged between them that Fleischmann should take $10,000 of 
 this money, leaving the balance in his friend's keeping, with the understanding 
 that the latter should join Fleischmann in Peru and deliver the $490,000 to him 
 there; but it developed that this presumed friend (whose name Fleischmann re- 
 vealed to Meserve, but whose identity neither Ward nor Johnston would disclose 
 to me at the present time) played feischmann false, and as soon as the absconding 
 cashier had left Mexico, returned to the United States, where it was reckoned that 
 Fleischmann would not dare to follow, and is now living in luxury on the ill-gotten 
 gains. Meserve has ever since maintained a correspondence with Fleischmann, and 
 no longer than last Saturday (May 21, 1904), received a letter from the fugitive, 
 in which he deplored the conditions, and expressed considerable chagrin concern- 
 ing fate and human treachery, at the same time expressing a wish to return and 
 face the music, and declaring that the bank ofiicials would not dare to molest him. 
 
 Meserve is convinced that it is his absorbing desire now to sneak into 
 Chicago and kill the individual that robbed him, and then expose the scheme of 
 official graft and corruption in its entirety, while Ward and Johnston are satisfied 
 that if Fleischmann did not mean Commissioner of the General Land Office 
 Binger Hermann when he made reference to "another Federal official," that 
 Hermann was bribed by Edmund Burke, a sort of Poo Bah of the oil men while 
 the fight with the Scrippers was on in Washington, and that at all events the bank 
 records should exhibit everything in connection with the transaction, as the money 
 to pay Hermann must have come through that source, Canfield being one of its 
 principal patrons. 
 
 This man Burke, who is a sort of speculator and member of the local bar, 
 with offices in the Byrne building, Los Angeles, is alleged to have become quite 
 confidential with Johnston rather suddenly, and upon the occasion of a recent trip 
 up from Long Beach, admitted to Johnston, in the presence of the latter's wife, 
 that he had been paid a salary of $5,000 a year and expenses to go to Washington 
 and lobby in the interests of the oil men, but that his job was finished with them, 
 and that now he was willing to engage with the Scrippers upon the same terms. 
 
 Johnston said that Burke was much in evidence around Commissioner Her- 
 mann while in Washington, as was also a man named A. P. Maginniss, the Santa 
 Fe Railway Company's right-of-way man, who had likewise been employed by 
 Edward L. Doheney up to the time the latter disposed of his oil interests to the 
 Santa Fe. Maginnis made his headquarters in the law office of Britton & Gray 
 while the fight was in progress before the Land Department. 
 
 Col. J. B. Lankershin, a wealthy and reputable citizen of Los Angeles, was 
 a heavy stockholder in the Farmers' & Merchants' Bank, and when the flight of 
 Fleischmann was first announced, without invitation attended an executive session 
 of the directorate of that institution, and demanded from President I. W. Hellman 
 the privilege of inspecting the books of the concern. 
 
 This request Hellman declined to grant, and a heated controversy on the 
 subject arose between the two in the presence of all the other directors, culmi- 
 nating in Lankershin pointing to Attorney J. A. Graves, who was also vice-presi- 
 dent of the bank, and saying: 
 
 Page 414 
 
"I will leave it to your own lawyer if I have not got the legal right to do 
 so." Hellman appealed to Graves for his opinion, and the attorney coincided 
 with Lankershin, who immediately left the bank and returned to his office, with 
 the avowed intention of at once setting an investigation on foot. He had no soon- 
 er reached his office, however, when Hellman called him up over the telephone, 
 and asked him how much he would take for his stock. 
 
 Lankershin at first declined to sell, but upon being implored to do so, 
 finally named a price which he afterwards declared to a friend "would raise you 
 out of your boots if you knew what it was." 
 
 Within ten minutes thereafter, he was notified to call at the bank, and re- 
 ceived a check for the full amount asked. 
 
 Last Thursday night, J. A. Graves responded to the toast, "Morality of 
 Banking," at a public banquet in Los Angeles. 
 
 A. J. Crookshank, Register of the United States Land Office at Los An- 
 geles, who met Hermann at the Union depot there, is authority for the statement 
 that the Land Commissioner was then in the private car of E. L. Doheney, Charles 
 A. Canfield and A. B. Butler, and that they so accompanied him on his trip to the 
 Kern county oil fields. 
 
 In order to satisfy any possible public curiosity as to Fleischmann's reasons 
 for being on confidential terms with the attorneys for the Scrippers, I shall take 
 occasion to state that he was interested with them in forest reserve selections con- 
 flicting with oil locations in Kern county, and naturally had a motive in rendering 
 all the aid he could to their cause, although neither the bank officials nor the oil- 
 men, so far as I am able to ascertain, were aware of this fact at the time. 
 
 His close relationship to the Farmers' & Merchants' Bank as its trusted 
 cashier, together with his ties of kinship to L W. Hellman, its president, probably 
 threw them ofif their guard, and the presumption is that he used his knowledge of 
 the transaction recited in my report not only as a measure of expediency in looting 
 the bank, but as a leverage to shield himself from subsequent prosecution. At all 
 events, although a great hue and cry was apparently made by the bank officials 
 concerning his embezzlement of their funds, no earnest effort was made to 
 apprehend him, and if any warrant for his arrest was ever sworn out, I was unable 
 to find any record of it at the time of making my investigation for the Government 
 at Los Angeles. 
 
 Fleischmann was the favorite nephew of Banker Hellman — had been reared 
 in the latter's family, so it was said, as a petted child of fortune ever since the 
 death of his parents, so that when it became known that he had absconded, various 
 ruses were adopted to hush the matter up. It was given out that he had taken 
 merely a paltry $91,000, and that he had left behind him sufficient property to 
 cover the extent of his stealings. This report was obviously circulated for the 
 purpose of allaying the minds of the stockholders, because, had it become gen- 
 erally known that Fleischmann's flight involved a loss to the bank of half a million 
 dollars, it would have had the effect of producing such a run on the institution 
 that no prophet could have foretold the outcome. 
 
 It may be asked why the Government did not investigate the details of the 
 defalcation at the time of its occurrence. The answer is embodied in the fact that 
 during this period the concern was not a National bank, hence the Federal au- 
 thorities had no more right to question its conduct in that respect than it would in 
 prying into the private affairs of an individual. It was incorporated under State 
 laws, and was under the jurisdiction of the California Bank Commissioners, al- 
 though I believe it has since acquired a National charter. 
 
 I have never been advised as to the situation respecting Fleischmann's pres- 
 ent whereabouts, but at the time I made my investigations, the attorneys for the 
 Scrippers were endeavoring to induce him to return and place the Federal author- 
 ities in full possession of the facts, and if promised immunity by the civil author- 
 ities, there is hardly any reasonable doubt that he would come back and endeavor 
 to make good vipon his serious charges. 
 
 Page 415 
 
When tlie case of the Cosmos Exploration Co. I's. the Ciray Eagle Oil Co., 
 and that of the Pacific Land & Improvement Co. against the Elwood Oil Co. 
 reached the United States Circuit Court of Appeals, two of its members — Judges 
 Ilawlcv and Morrow — sustained the lower Court in its ruling, while judge W'm. B. 
 Gilbert, of Oregon, rated as one of the most able jurists in the I'^deral service, 
 rendered a strong dissenting opinion. The two cases came up before the United 
 States Supreme Court in 1903, that tribunal handing down a decree that gave 
 neither side any particular advantage, and resulted in sending all the issues back 
 to their original starting point, the local Land Office at V'isalia, California, where 
 a fresh hearing was had January IS. 1904. The suits are still ])cnding before the 
 Land Department. 
 
 The following sworn statement, tabulated from tlie oflicial records of Kern County, 
 shows that in that county alone, within a year, 103 persons located 8,248 placer petroleum 
 mining claims of 20 acres each, an axcrage of over 80 claims, or 1,600 acres to the person, 
 or a total of 1(54,960 acres. 
 
 In this list appear tlu' names of -l persons whose claims numhcr between 200 
 and 250; 7 between 150 and 21)0; 13 hetwrtn loo jind 150; 41 between 50 and 100; 
 37 between 30 and 50. 
 
 This list shows the following number of claims located l)y single families: 
 
 Three of the .lameson family located 220 claims, or an average of 73 each; G of the 
 Prewett family located 565 claims, or an average of 94 each; 7 of the Kichardson family 
 located 885 claims, or an average of 126 each, anil 4 of the Wrainjit Imt ier family located 
 292 claims, or an average of 73 each. ^ 
 
 Those holding less than 30 claims each are not shown in this list. 
 
 Adams, John 
 
 . . (54 
 
 Armstrong, R. B. . . 
 
 . . 54 
 
 Batz, J. B 
 
 . . 153 
 
 Berry, W. J 
 
 . . 31 
 
 Bernard, E. M 
 
 . . 47 
 
 Beverage, Geo 
 
 . . 64 
 
 Bilkev, C 
 
 5S 
 
 Bissell, \V. S 
 
 . . 86 
 
 Blanding, Gordon . . 
 
 . . 46-^ 
 
 Blodgett, H. A. . . . 
 
 . . 23 4- 
 
 Braoewell, J. M. . . . 
 
 75 
 
 Bernard, James . . . . 
 
 . . 43 
 
 Calcote, Dan 
 
 . . 39 
 
 Carson, J. M 
 
 75 
 
 Clark, C. T 
 
 . . 4^ 
 
 Congdon, C. H 
 
 . . 43 
 
 Congdon, H. B 
 
 . . 31 
 
 Crities, Phoebe J. . . 
 
 . . 54 
 
 De Groot, W. E. . . 
 
 . . 43 
 
 Druillard, S. G 
 
 . . 42 
 
 Drum, F. G 
 
 . . 46-' 
 
 Emmons, K. J 
 
 . . 75 
 
 Emmons, M 
 
 31 
 
 Emmons, W. H 
 
 . . 65 
 
 Farnum, X. C 
 
 . . 185 
 
 Fewell, W. G 
 
 . . 30 
 
 Goldman, I 
 
 . . 35 
 
 Gould, J. L 
 
 . . 59 
 
 Graham, F. M 
 
 . . 137 
 
 Gurnet t, A. G 
 
 . . 65 
 
 Hailstone, C. E. . . . 
 
 . . 81 
 
 Hendryx, W. A. . . . 
 
 71 
 
 Hodgkiss. O. E. . . . 
 
 . . 33 
 
 Hughes, J. A 
 
 . . 40 
 
 Jameson, .1. M. . 
 Jameson, J. S. . 
 Jameson, J. W. 
 Jastro, H. A. . . 
 
 Jewett, S 
 
 .Tordan, J. H. . . 
 Keller, F. L. ... 
 Kellopg, L. O. . 
 Kennison, A. W. 
 Kowdy, C. E. ... 
 Langdon, F. A. . 
 Tjandis, J. B. . . 
 Lange, H. T. ... 
 
 Lee, C. A 
 
 Lemon, F. H. . . 
 Lhote, H. C. ... 
 Lindsav, G. J. . 
 McCutchen, G. W. 
 McCutchen, J. B. 
 McCutchen, \V. S. 
 McKee, Robert 
 Mentry, C. A. . . 
 Moran, Kate . . . 
 Moran, T. L. ... 
 Newson, Jno. .J. . 
 Packard, H. L. . 
 Packard, T. J. . 
 Phelps, O. B. ... 
 Pitney, F. R. . . 
 Prewett, Alpha . 
 Prewett, E. J. . 
 Prewett, H. J. . 
 Prewett, N. E. . 
 Prewett, S. J. . . 
 Prewett, W. J. 
 
 45 
 52 
 
 123 
 30 
 
 228 
 
 160 
 42 
 34 
 58 
 73 
 31 
 62 
 40 
 
 117 
 
 76 
 49 
 47 
 3G 
 
 34^ 
 
 65 
 134 
 
 54 
 245 
 229 
 
 57 
 
 82 
 
 67 
 
 96 
 121 
 
 95 
 
 98 
 137 
 
 Purfurst, A. B 74 
 
 Pulien, 0. J 80 
 
 Rader, A. L 37 
 
 Rader, R. M 37 
 
 Richardson, E. A 139 
 
 Richardson, Fannie ... Ill 
 
 Richardson, Geo 122 
 
 Richardson, James ... 130 
 
 Richardson, Jessie, sr. 12 1 
 Richardson, Jessie jr.. . 98 
 
 Richardson, S 163 
 
 Rodgers, Warren 37 
 
 Roper, F 182 
 
 Schofield, S. G 34- 
 
 Shafer, W. H 40 
 
 Simon, S. S 115 
 
 Smith, A.L 58 
 
 Smith, I. M 73 
 
 Smith, P 71 
 
 Spencer, W. M 56 
 
 Tevis, Hugh 34 
 
 Tevis, ^V. S 31 
 
 Tousley, C. L 31 
 
 Wagy, J. J 181 
 
 Wagy, M. S 34 
 
 Williams, Elizabeth . . 48 
 Wrampelmeier, L. A... 73 
 Wrampelmeier, L. C. . . 73 
 Wrampelmeier, F. W. . . 73 
 Wrampelmeier, T. G. . . 73 ^ 
 
 Youle, W. E 229^ 
 
 Young, C. S 30 
 
 Zartman, G. W 160 
 
 Zartman, M. E 137 
 
 Total number of claimants. 
 Total nunibor of cjaitns .. 
 
 . . 103 
 
 8,248 
 
 Page 416 
 
Chapter XXVII 
 
 Great rush of Eastern timber speculators with a horde of duuimy eiitrxiiieii iuto 
 the virgin forests of Northern California impels the State Mining Bureau 
 to scud a special agent to the affected districts for the purpose of investi- 
 gating numerous complaints relative to encroachments on unpatoited min- 
 ing claims by the greedy grabbers — His report to State Mineralogist An- 
 bury has the effect of drazving the President's attention to the situation, 
 zvith the result that an Executive proclamation is issued, making provisional 
 suspension of a vast territory for forest rese-rue purposes, and calling a halt 
 on further depredations — It also encompasses the loss of several official 
 heads in the Land Department, and likezvise reveals a cunning scheme to 
 grab 265,000. acres of valuable timber land by process of placer mining 
 locations, in order to blaze the zuay for the coming of the Western Pacific 
 railroad. 
 
 WHILE to Ethan xA.llen Hitchcock, late Secretary of the Interior, unques- 
 tionably belongs the distinction of having inaugurated the crusade that 
 has resulted in the complete subjugation of the plunderers of the public 
 domain, it was Lewis E. Anbury, the State Mineralogist of California, who was 
 among the first to call public attention to the gigantic depredations. And it is 
 one of the ironies of fate that the overpowering avarice of these looters was re- 
 sponsible for their own untimely downfall. It was the fuse that ignited the chain 
 of mines whose explosion has destroyed the strongholds of fraud. 
 
 Not content with grabbing all the vacant timber lands of Northern Cali- 
 fornia that they could lay their hands on, with that reckless abandon creditable to 
 a buccaneer of old, they overstepped the bounds of discretion, and seized upon 
 the holdings of many poor old miners who had been in peaceful possession of 
 their claims for a quarter of a century or more, and who felt secure in their prop- 
 erty rights by reason of having complied with the laws in relation to assessment 
 work upon their mineral entries, even though their claims were not patented. 
 
 It may be asked how it was legally possible for a person to be deprived of 
 his property, or even assailed in his rights, after having worked a mining claim in 
 good faith for upwards of 25 years, and it is this phase of the situation that 1 
 shall take the liberty of explaining. Under the present system, whenever a town- 
 ship is surveyed by the Government, it is supposed to be segregated in accordance 
 with its well-known characteristics. For instance, if some portions were known to 
 be mineral in character, they were returned as such, and title thereto could only 
 be obtained through the mining laws of the United States, unless the mineral 
 character of the land should be subsequently disproved in the course of an official 
 investigation. Other parts of the township were returned as agricultural in char- 
 acter, title thereto being acquired under the homestead laws, while still other tracts 
 might have been subject to overflow at the time the State w^as admitted into the 
 Union, in consequence of which they were declared to be swamp and overflow 
 lands, and subject to sale by the State by virtue of its sovereignty. In like manner 
 the 16th and 36th sections of each township are returned as school lands, the pro- 
 ceeds of their sale going towards the maintenance of the public school funds of 
 the State wherein the lands are situated. In fact, all the lands in the newly-sur- 
 veyed townships are classified, and become subject to sale upon the basis of what- 
 ever return is made by the United States Surveyor-General for the district. 
 
 Practically all the public land surveys are made under contract, and by men 
 who are generally unfamiliar with geological conditions. Thus, unless a tract is 
 
 Page 417 
 
well-known to be mineral in character, and is notoriously operated for mining- piw- 
 poses at the time of survey of the township, it is just as liable to be returned 
 as agricultural land as anything else, because the deputy surveyor, upon whose 
 field notes the Surveyor-General always bases his returns, is usually in a hurry to 
 get over as much ground as possible, and consequently pays no heed to geological 
 conditions, even if he knew anything about them. 
 
 Under these circumstances, whenever mineral is found upon land that has 
 been returned as agricultural, the process of acquiring title is very peculiar. In 
 accordance with the mining laws of the United States, he is obliged to file his 
 claim to the desired portion with the County Recorder of the County where the 
 land is situated, and no record of his claim appears in the local United States 
 Land Oflfice until after the issuance of patent. By the performance of $100 worth 
 of assessment work each year upon his claim, the locator can hold the same in- 
 definitely, and these conditions prevailed to a large extent in Northern California 
 in 1902, at which time the great rush by Eastern syndicates to grab up the valuable 
 forests of that region had reached flood tide. 
 
 By reason of the lands having been returned as agricultural or timbered at 
 tiic time of survey, and of the fact that there was no record in the Land Ofiice 
 of any unpatented mineral entries, the records of the Land Offices indicated that 
 the tracts were vacant, and subject to location accordingly. Great train loads of 
 "dummy" locators were brought out from the East to file on these lands under the 
 timber and stone act of June 3, 1878, and in the grand scramble that ensued they 
 went pell mell after everything" in sight in their efforts to get ahead of the other 
 fellow, paying no heed to the clause in their applications requiring personal knowl- 
 edge of the tract, and swallowing the required non-mineral affidavit with as much 
 gusto as an ostrich would display in digesting a tomato can. Their operations 
 finally became so emboldened that numerous complaints began to reach the Cali- 
 fornia State Mining Bureau, and as time progressed the volume of these com- 
 plaints increased at a corresponding ratio. 
 
 During this period I was employed upon the Los Angeles newspapers, and 
 it was while thus engaged that State Mineralogist Aubury made a trip to that 
 city for the purpose of conferring with me upon the subject of suppressing the 
 wholesale depredations. He was aware that I had had considerable experience in 
 public land matters, and besides we were friends of long standing. As a result 
 of his visit, I proceeded northward under a commission as "Special Agent of 
 the California State Mining Bureau," with power to investigate conditions and 
 report my findings to Mr. Aubury. I took the field October 8, 1902, and in less 
 than 30 days had submitted a report that revealed an awful state of aflfairs, the 
 publication of which had the effect of opening the eyes of Secretary Hitchcock to 
 the true situation. I drove for more than 600 miles through the mountainous dis- 
 tricts of Northern California in a light buggy, in the course of which I traversed 
 portions of Yuba, Butte, Sierra, Plumas, Lassen, Tehama, Shasta and Siskiyou 
 counties. 
 
 While the looters of these magnificent forests had been swift in their 
 operations, like any raiding organization, they left a well-defined trail behind them, 
 and this it was an easy matter to follow. In fact, their work was so "raw," to 
 use a common expression, that a blind man could not have failed to become cog- 
 nizant of what was going on, and why they were allowed to operate in this fash- 
 ion for such a length of time under the very nose of the Government, can only 
 be explained upon the hypothesis that Binger Hermann was at that time Com- 
 missioner of the General Land Office. 
 
 The Marysville Land Office was my objective point after leaving San 
 Francisco, and here it soon became evident that the complaints of the miners of 
 Northern California were not without foundation. It developed that Register 
 Johnson was likewise business manager of the Appeal, a local newspaper, and 
 that he spent most of his time attending to those duties. It seems that he only 
 came to the Land Office wdien sent for to sign papers that had been prepared 
 
 Page 418 
 
Lewis E. Aubury, the honest State Mineralogist of California, who has earned 
 
 the everlasting gratitude of the miners of the Golden State by his 
 
 fearless attitude in protection of their interests 
 
 by Mrs. Coult, his mother-in-law, who was not only chief clerk of the Land Office, 
 but also the sister of Charles E. Swezy, an attorney who had for years dominated 
 the affairs of the Governmental institution, and had practically, run things to suit 
 himself. 
 
 My investigations indicated that out of a total of 170 forest reserve lieu 
 selections filed at the Marysville Land Office since the Act of June 4, 1897, had 
 gone into effect, aggregating 29,005.59 acres, Swezy had appeared as attorney of 
 record for 160 thereof, embracing an area of 27,079.16 acres. Nearly all these 
 
 Page 419 
 
selections had been made in the interest of Thomas B. Walker, a multi-millionaire 
 lumberman of Minnea]K»lis, Minnesota, who was reputed to be an intimate as- 
 sociate of James J. Hill, the great Xorthern Pacific railroad magnate. Swezy ad- 
 mitted to me that he had also filed forest reserve selections in the Susanville 
 Land Office covering 70,000 acres, and 14,000 acres in the Red<ling district, or 
 more than 110,000 acres altogether within a few months in behalf of Walker, 
 who was likewise employing the services of other land agents in his efforts to 
 grab all he could of the jniblic domain, besides purchasing |)rivate holdings wher- 
 ever obtainable within the scope of his operations. I traced fully 500,000 acres 
 into Walker's hands, and my researches were only stopped by the Oregon Bound- 
 ary. How much he got hold if in that and other heavily timbered states i.-. .t 
 matter that would probably stagger the imagination, but it stands to the everlast- 
 ing shame of the nation that grafting members of both branches of Congress 
 have manipulated the public land laws in such a way as to equip the organized 
 wealth of a single ]:)erson with the power to ac(|uire a territory so vast in extent 
 tliat the feudal barons of old would appear like petty larcenists in comparison. 
 
 After gathering a sufficient amount of data at the Marysville Land Office 
 tor all necessary purposes, I proceedetl to Oroville, where I hired a livery rig, 
 and for nearly a month occupied my time in traveling through the region mostly 
 affected by the operations of the land-grabbers, in the course of my investi- 
 gations, visiting the following places : Mooretown, Merrimac, Magalia, Inskip 
 and Chico, Butte county ; La Porte, Quincy, Crescent Mills, Taylorsville, Green- 
 ville, Prattville, Humbug \'alley and Longville, Plumas county ; Gibsonville, 
 Table Mountain and Poker Flat, Sierra county; Yuba Dam, Yuba county; Red 
 Bluff', Tehama county; Redding, Shasta county, besides other points of minor 
 importance. 
 
 At nearly all of these places I remained long enough to listen to the griev- 
 ances of the miners, and to make personal inquiry therein, as I had no desire to 
 base m}' conclusions on hearsay evidence. I found that in practically every in- 
 stance the State Mining Bureau had been correctly informed as to the character 
 of the alleged interference with the rights of the miners, although it was soon 
 apparent that the complaints of the latter in no material sense measured the ex- 
 tent of the depredations, much of which was uncovered by my subsequent ex- 
 aminations of the Land Office records of the Marysville, Susanville and Redding 
 land districts. For example, I would note carefully the exact location in each 
 section of the different unpatented mining claims, and after going over the land 
 office records would compare the various forest reserve lieu selections under the 
 Act of June 4, 1897. the timber and stone Act of June 3, 1878, and the State lieu 
 selections, with the descriptions embraced in the unpatented mineral entries that 
 I had obtained from the county records, and the result was appalling. 
 
 Aged and discrepit miners, who had earned a livelihood from their hold- 
 ings for years, and who had, in many cases, reared large families thereon, found 
 themselves in the merciless grasp of these inhuman plunderers, and liable in the 
 sundown of their lives to be deprived of property that had been their only source 
 of income for a score or more of years. General indignation prevailed when the 
 real situation of affairs became apparent, and at several places, notably Gibson- 
 ville, Sierra county, and towns throughout Indian \'alley, Plumas county, there 
 existed a strong inclination in the diiection of reviving the old lynch law spirit. 
 
 At Marysville, immediately upon realizing what the probable outcome of 
 my investigations would be, based upon what I had already discovered, I wired 
 State Mineralogist Anbury to request Governor Gage to join himself and the 
 Sacramento \'alley Development Association in urging the Secretary of the 
 Interior to suspend all land entries in the ^Marysville, Susanville and Redding dis- 
 tricts until I was in a position to report my findings. I had already unearthed 
 sufficient to warrant these precautionary measures, and in my opinion it was the 
 most expeditious way to call an emphatic halt upon the headlong rush of the 
 timber looters. 
 
 Page 420 
 
Town of Taylorville, Indian Valley, Plumas County, California, which had a narrow 
 escape from being included in a fraudulent timber claim 
 
 At Mooretown, Butte county, situated many thousands of feet above sea 
 level, occurred one of the most prophetic episodes I ever experienced. It was 
 somewhere near the middle of the month when I reached there, and the night 
 was particularly brilliant under the radiant glare of a full October moon. Sud- 
 denly there was a darkened aspect, and in a seemingly magical way, as hardly 
 any of the mountaineers had been made aware of the approaching phenomena, 
 the heavens took on a murky appearance, and in an incredibly short space of 
 time the lunar orb, which only a few moments previously had appeared so at- 
 tractive to the eye as it floated majestically across the skies, was enshrouded by 
 a pall of inky blackness, bringing me to a full realization of the fact that we were 
 passing through the famous total eclipse of the moon of that year, and the event, 
 unheralded as it seemed to be in a way, certainly made a deep impression upon me. 
 
 "It is the hand of destiny," I thought. "A shadow on the wall of coming- 
 events from Washington." 
 
 By the time I reached Quincy, the county seat of Plumas county, the whole 
 country was ablaze with the report that President Roosevelt had issued an execu- 
 tive proclamation making provisional suspension of a vast extent of territory for 
 forest reserve purposes, covering hundreds of square miles, and embracing mil- 
 lions of acres in the very heart of the affected district, and I felt absolutely cer- 
 tain that his action meant the beginning of the end of the reign of the looters, and 
 that the Chief Executive of the nation, inspired by the instincts of providential 
 power, had cast a mantle of suspension over this vast area that promised to 
 eclipse every fraudulent effort to acquire its titles. 
 
 Under the provisions of the order of suspension, all further entries of 
 public lands in the Susanville district were prohibited until such time as the Land 
 
 Page i21 
 
Department in \\'asliin.!4t<^)n had been aftortletl opportunity for makings investiga- 
 tion. It was a bitter pill for the timber thieves to swallow, and they did so with 
 equal grrace to that displayed by a shark in becoming reconciled to the unex- 
 pected loss of its prey. 
 
 Indignation meetings were cleverly arranged by those mostly interested in 
 the operations of the looters, at which resolutions were adopted protesting against 
 the action of the President in creating the reserves. The leading spirits at these 
 demonstrations included the editors of local newsj)apers who had prosj^ered in- 
 ordinately under the stimulus of innumerable timber land notices; timber cruisers 
 who were being paid enormous fees for their services, and hotel keejiers and liv- 
 erymen, temj)()rarily intoxicated by the tonic of the wealth produced by the activ- 
 ity of the men who were robbing themselves and their children of their most 
 magnificent heritage. They were bartering their birthright for a mess of pottage, 
 but blindness to every consideration except selfish greed led them to kiss the 
 chastening rod. 
 
 One of their principal arguments was that the creation of these forest 
 reserves would ruin the mining industry, and it appeared to be a trump card in 
 the game, because nearly everybody in that region was more or less interested in 
 mining. Believing that the State Mining Bureau was primarily responsible for 
 the changed conditions, as its representative I came in for a goodly share of 
 censure, so that when I reached Greenville, in Plumas county, George Standart, 
 one of their leading agitators, was waiting for me, primed with reasons why the 
 reserves should not be created. 
 
 We engaged in a wordy combat to a finish in front of the local hotel, before 
 an audience that represented practically every interest of the community, and I let 
 him harangue the crowd to his heart's content upon the theory that the creation of 
 the forest reserves would prevent further filing of mining locations. It was the one 
 string to his oratorical fiddle, and he played upon it with an artistic zeal that would 
 have done credit to a better cause. In words of pathos, he painted a dire picture 
 of the people being shut up in these reserves like caged animals, and denied the 
 right to acquire title to their mining property, or even explore undeveloped terri- 
 tory. 
 
 After he had finished with his masterly effort, I produced a small paper- 
 covered volume that came from the Government printing office in Washington, 
 and proceeded to read a few chapters from its pages for the edification of those 
 gathered around me, with the result that my opponent received more than his full 
 measure of ridicule from those who had previously championed his contentions. 
 The pamphlet contained all the laws relating to the establishment of forest re- 
 serves, in which the fact was emphasized repeatedly that title to mining ground 
 can be acquired in any forest reserve of the country, and prospecting prosecuted 
 unmolested, where no other industry would be permitted to flourish excepting 
 under annoying restrictions. 
 
 In view of the circunistances, it dawned upon the crowd that forest re- 
 serves were the most effective means of protecting them from the encroachment 
 of the timber thieves, and they lost no time in making themselves heard upon the 
 proposition. Eventually it became generally recognized that the policy of Presi- 
 dent Roosevelt in establishing these reserves was based upon sound principles of 
 public welfare. 
 
 Although it was conceded that the action of the President in making the 
 temporary suspensions had placed a severe check upon timber entries of all de- 
 scriptions, I continued on to Susanville, and spent some time investigating var- 
 ious phases of the situation. Imagine a small hamlet of a few hundred inhabi- 
 tants suddenly aroused from its pastoral slumbers by the clang and clamor of com- 
 mercial greed, and the reader will have a fair idea of the conditions that prevailed 
 incident to the abnormal rush of Eastern speculators and their hordes of follow- 
 ers to acquire title to the valuable timber lands of that region. Unquestionably 
 the finest body of sugar pine timber in the world existed in the basin known as 
 
 Page 422 
 
Town of La Porte, Plumas County, California. During the celebrated trial of the North Bloomfield debris case in 1S83 
 Wells, Fargo & Company's express officers at San Francisco produced documentary evidence showing that in a period 
 of 30 years preceding said suit, shipments had been made through the express company from La Porte aggregating 
 more than 100 tons of gold. It was in this vicinity where the scrippers had been most active in filing forest reserve 
 lieu selections under the Act of June 4th, 1897, over the unpatented mineral entries of prospectors, some of whom had 
 been in peaceful possession of their claims for more than a Quarter of a century 
 
 the Big Meadows of Plumas county, and here was where all the energies of the 
 grabbers were concentrated, so that it was no wonder that in a very few months 
 the public domain within a comparatively small territory was despoiled to the ex- 
 tent of a quarter of a million acres before the ravenous appetites for plunder had 
 been half satisfied. 
 
 The United States Land Office was located in Susanville, and to show 
 what effect the boom in timber lands had produced upon the business of the 
 office, it is only necessary to refer to some of the financial returns. Within a 
 period of nine months during 1902, 503 entries under the timber and stone act 
 of June 3, 1878, had been filed, covering more than 80,000 acres. In addition, 
 selections under the forest reserve lieu land Act of June 4, 1897, were made, 
 amounting to 108,425.57 acres, while State lieu selections embracing more than 
 70,000 acres were also recorded, the whole aggregating a total area far in excess 
 of 250,000 acres in a single land district since the rush began. The cash receipts 
 of the Susanville Land Office for the quarter ending October 1, 1902, were 
 $61,826.07, as against $4,613.62 for the preceding quarter, a gain of $57,212.45. 
 Strange that all these facts did not arouse the suspicion of the Commissioner of 
 the General Land Office, but then it must be understood that Dinger Hermann at 
 that time filled the position of Commissioner. 
 
 The town of Susanville was thronged with strangers upon my arrival, and 
 they made no secret of their presence. All were there for the purpose of filing 
 timber claims and afterward disposing of them in accordance with a prior ar- 
 rangement, although the Act of June 3, 1878, under which they had made their 
 locations, distinctly provides that the entryman must take the land up for his 
 
 Page 423 
 
own use and benefit, and for the use and henefit of no other person or persons 
 whomsoever, and that he has made no contract or aii^reement to sell the same. 
 The 500 and more who had filed entries under this Act also made affidavits to 
 this effect, and each and every one violated their oaths in almost the same breath 
 they were i:;iven. 
 
 Whole families came to the Land (Jf'lice with that object in view, and I 
 encountered one instance where a man, his wife and four grown children had 
 located timber claims and afterwards borrowed $2,500 from a local bank to make 
 payment thereon, giving mortgages on the lands as security. This family had 
 only a short time previously been refused credit for a sack of flour at the grocer's, 
 and imder ordinary circumstances the Ijanker would have ordered them all ejected 
 from the financial establishment for their audacity in seeking to borrow money 
 upon such fiimsy security, but upon this special occasion the eminent financier 
 looked pleased to see them, and shelled out the coin with an eagerness that be- 
 tokened its own conclusion. He had reason to be gratified with their patronage, 
 too. because in his coffers was a certified check for an amount covering any sum 
 that he was liable to be called upon to meet in the way of drafts of this character, 
 and besides he was paid a handsome bonus for his services in acting as a "go-be- 
 tween" in the transaction that involved the commission of a direct fraud upon the 
 Ciovernment. and of which he was fully cognizant at all stages of the proceedings 
 to acquire these illicit titles. 
 
 Immediately after the issue of the final certificate, the tract became nego- 
 tiable, and the entryman had no sooner emerged from the Land Office after mak- 
 ing payment, than he was approached by an agent of the syndicate with an offer 
 to purchase. In every case about the following stereotyped conversation would 
 take place : 
 
 "I see that you have just paid up on your timber claim — would }-ou like to 
 sell it?" inquired the suave agent. 
 
 "I hadn't thought much about it," responded the timber claimant, with an 
 air of assumed surprise, although it was notorious that he had filed on the land 
 for the benefit of the agent's principals, had borrowed money from the bank with 
 which to pay for it. that he knew had been deposited there by the man who was 
 now negotiating with him. and he was aware also that his whole conversation on 
 the subject with this individual was a lot of horse play that had been rehearsed 
 beforehand many times. 
 
 "Well, I am buying up a few of these claims, and if you care to sell L 
 will give you $600 for yours." 
 
 The bargain is struck forthwith, and they repair to a convenient notary, 
 where the entryman transfers all his right, title and interest to some person or 
 persons designated by the agent, and receives in payment therefor the note and 
 mortgage he had given the bank less than 20 minutes previously, besides the dif- 
 ference in coin, and the iniquitous deal was concluded. 
 
 Another glaring fraud that came under my observation while at Susanville 
 was the case of 16 locators who had gone to the Big Meadows country, a dis- 
 tance of 35 miles, for the purpose of making personal examination of each legal 
 subdivision in order that they might "prove up" on their claims. The executive 
 proclamation suspending entries in the Susanville district permitted final proofs 
 to be made in every instance where the preliminary steps of that character had 
 been taken, and it was essential that the two necessary witnesses should be pre- 
 pared to testify that they were personally familiar with each legal subdivision 
 contained in the particular entry for which they were witnesses. Usually where 
 a number of persons located in a group this way, they would act as witnesses 
 for each other, and the case at issue was no exception. 
 
 They left Susanville early one morning, and returned the following even- 
 ing, having traveled 70 miles over a rough mountainous road, and during their 
 absence were presumed to have made personal inspection of 16 quarter sections 
 of land scattered over several distinct townships, miles apart, and situated in the 
 
 Page 424 
 
T2/N-R8E- M.DM 
 
 Scope of operations of the timber thieves in a highly mineralized township of Plumas County, California. Shaded portions 
 indicate the extent of forest reserve selections filed during 1902 by Jacob H. Cook in the interest of Wheeler Brothers 
 eastern timber land sharks. In some instances unpatented mining claims that had been worked for years were 
 embraced in these selections. The patented claims are shown completely surrounded by forest lieu selections. A 
 special agent of the General Land Office, who is known to have accepted money from Fred A. Kribs, reported that 
 he was unable to find any traces of mineral in this township. The official survey was approved by the United States 
 Surveyor General March 21, 18SS, and contains a note to the effect that ' 'Deputy Surveyor D. C. Hall states in the 
 general description of this township that placer mining is carried on quite extensively in the same. " 
 
 midst of the forest where fallen trees interfered with locomotion away from the 
 roads to such an extent that it was practically impossible to make any progress 
 with a vehicle. And yet those 16 persons went before the Register of the United 
 States Land Office upon their return, and with hands uplifted to high heaven, 
 solemnly swore that they had just passed over each and every legal subdivision 
 embraced in the different entries, knowing full well that they were committing 
 perjury, and that to do what they had just sworn they had done, would have in- 
 volved at least a week's effort. 
 
 I remained in Susanville several days, gathering much valuable information 
 concerning the operations of the land grabbers. None of the dummy locators 
 
 Page 425 
 
Scene in the United States Land Office at Susanville, California, during the great rush for timber 
 
 claims in 1902. S. G. Ruby, Special Inspector, Interior Department, is standing 
 
 in window, with hat on. Officials of the Land Office are also shown 
 
 seemed disposed to know or care who or what I was, or anything about my mis- 
 sion, openly discussing the ruhng prices for making these timber entries pretty 
 much in the same manner that Wall street brokers would talk about the rise and 
 fall of the stock market. 
 
 One man was particularly jubilant over the fact that he had secured the 
 top figure — $300 bonus — not only for himself and wife, but for his two daughters 
 as well, and was returning to his Wisconsin home $1200 better off than when 
 he came out. in addition to having the expenses of a three weeks' vacation trip 
 paid by the syndicate that had corrupted himself and those supposed to be dear 
 to him. 
 
 Another person, of the Hebrew persuasion from San Francisco, was be- 
 moaning his ill-luck in having got caught in the President's order of suspension 
 before having a chance to locate his entire family on timber claims. It was amus- 
 ing to hear him carry on about the matter, and in the bitterness of his heart, ev- 
 ery branch of the Government, from the Chief Executive down, came in for a 
 share of condemnation in having deprived him of the divine privileges of earning 
 a few dishonest dollars. 
 
 It was apparent after my investigation of the records of the Susanville 
 Land Office, as well as from what I already knew about the affairs of the Marys- 
 ville Land Office, and from what I afterwards found out in connection with the 
 situation at the Redding Land Office, that the timber lands of Northern Cali- 
 fornia were being systematicallv absorbed, principally in the interest of Thomas 
 B. Walker, of Minneapolis. Minnesota ; D. G. Curtis, E. S. Collins and Charles H. 
 Holbrook, of San Francisco, comprising the firm of Curtis. Collins & Holbrook 
 Company; W. E. Wheeler, of Wheeler Brothers. New York capitalists, and the 
 Diamond Match Company, which holds a complete monopoly upon its special 
 production. The latter concern has since erected an immense plant in Butte 
 
 Page 426 
 
The trail of the timber thieves led from the Susanville, California, Land Office to the Big Meadows 
 
 Country, through Fredonia Pass, which is shown above. In the early days this was one of the 
 
 most dangerous routes in the Sierra Nevada Mountains, on account of Indian depredations 
 
 county, capable of supplying the markets of the world, besides establishing the 
 town of Stirling on its holdings. It has proceeded along scientific lines in the 
 care and management of its property, and by purchase from private ownership, 
 and through other sources, has acquired a body of magnificent timber, aggregat- 
 ing more than 75,000 acres. 
 
 Of all those who profited by the efforts to gobble up immense tracts of 
 the public domain, it may be said in justice to the Diamond Match Company that 
 it was the only one of the quartet of plunderers that has since proven of any 
 special benefit to the community. This corporation has gone ahead and done 
 something tangible, and by its fixed purpose of industry has earned the gratitude 
 of the community, while the others have been merely a detriment to the develop- 
 ment of the country so far as any practical benefits are concerned. Their broad 
 domains are lying idle today, and are rendering to humanity no more legitimate 
 returns than are embodied in the growth of a cancer. 
 
 I found conditions at the Redding Land Office similar to those existing 
 at Susanville, with the exception that there was no suspension of public entries. 
 In consequence timber filings and forest reserve lieu selections were pouring in 
 by the hundreds, and an extra force was required to handle the increased business. 
 
 In Township 28 North, Range 3 East, Mt. Diablo Base and Meridian, the 
 Curtis, Collins & Holbrook Company made a forest reserve lieu selection em- 
 bracing nearly 13,000 acres, and when it is considered that an entire township of 
 thirty-six square miles contains but 23,040 acres, it can be readily perceived that 
 some of the big thieves of ancient history, were they in any position to express 
 an opinion upon the subject, would feel amazed at their own moderation. 
 
 Not being particularly concerned in the raids that were being made upon 
 Government lands other than to endeavor to protect the mining interests there- 
 
 Page 427 
 
Camel's Peak, Plumas County, California, in the heart of a rich mining district that was 
 the prey of the timber thieves. From a point thirty miles distant 
 
 from as far as possible, I paid no especial heed to the number or extent of fraud- 
 ulent timber entries in any of the land districts. It was none of my business to 
 undertake to expose any of these fraufiulent transactions, and I exceeded my 
 authority in doing so ; but the methods of these looters were too rank to go un- 
 noticed altogether, and I considered that one of the fundamental aids to my 
 own cause was in pointing out the manifest weaknesses of those I was seeking to 
 deter from menacing the mining industry. 
 
 There is nothing quite so effective in the suppression of vice or wrong- 
 doing in any form as wholesale exposure. Turn on the light of publicity and 
 there is a general scurrying to cover of every instinct of rascality. I never knew 
 it to fail, and the present instance was no exception. 
 
 At Redding" I wrote a full report of my observations to State Mineral- 
 ogist Anbury, covering all phases of the situation, and containing about 10.000 
 words. It was not only given a wide range of publicity through all the San 
 Francisco newspapers, but copies were sent to President Roosevelt, Secretary of 
 the Interior Hitchcock, Commissioner of the General Land Office Hermann, 
 besides various civic organizations, including the Sacramento Valley Development 
 Association, wdiich had all along been a staunch ally of the State Mining Bureau 
 in its efforts to prevent the iniquitous absorption of mining claims by timber 
 speculators, and to suppress fraudulent land operations of whatsoever character. 
 In addition, copious extracts from the report were made by the interior press of 
 California, and for months its contents formed the subject matter for wide 
 discussion. 
 
 Soon after returning to San Francisco from my trip, in the early part of 
 December, 1902, I was informed l)v Mr. Aubur\- tliat I*:x-Governor' Andrew 
 
 Page 428 
 
H. H. Yard, the "frenzied" mineral locator, who blazed the way for 
 
 the coming of the Western Pacific Railroad by filing on 265, 000 
 
 acres of valuable timber lands in Butte, Plumas and 
 
 Lassen Counties, California, under the placer 
 
 mining laws of the United States 
 
 H. Burke, of Colorado, then acting as Inspector of United States Surveyor-Gen- 
 erals and District Land Offices, had been sent out by Commissioner Hermann for 
 the purpose of investigating- my charges ' against the officials of the Marysville 
 Land Office, and was desirous of consulting me upon the subject. A meeting 
 was arranged accordingly for the next morning, and the first remark Inspector 
 Burke made to me after our formal introduction was: 
 
 "Just see what you have gone and done, Mr. Stevens, — you are going" to 
 make me lose my Christmas turkey !" and his face assumed a look of woe that 
 was sad to contemplate. 
 
 He had figured on reaching Denver on Christmas day, and had allotted 
 his limited time in accordance with this idea when unexpectedly called on by his 
 superior officer to attend to a pressing official duty. 
 
 Page 429 
 
Gibsonville, Sierra County, California, where the lynch law spirit was aroused against the 
 Scrippers. Plumas T. Turner, the first white person born in Plumas 
 
 County, is shown in the background 
 
 Here was a man. occupying one of the most important Federal positions 
 within the gift of political pull, who was worrying for fear he would not get 
 home in time to partake of Christmas cheer. 
 
 As I regarded him standing there, holding in his hand a telegram from 
 Commissioner Hermann instructing him to interview me relative to my specific 
 charges against the Marysville Land Office, with his monstrous paunch pro- 
 truding in a mute appeal for the good things of life, and overshadowing all 
 demands of official duty, I could not help wondering if it ever occurred to him 
 that perhaps some of the old miners up in the mountains were worrying about 
 their homes, and I could not see how he could relish his Christmas turkey when 
 the feast was haunted by any such apparition. 
 
 I could not help thinking about the kind of a show the miners would have 
 in the adjudication of their rights as against the wholesale wrongs of the rich 
 timber thieves, especially with such a man sitting in judgment upon the issues 
 involved; and as I remembered some of the sorrowful tales that had been related 
 to me by men who had passed the best years of their lives in developing their 
 claims, inspired by the hope of some day striking it rich, only to be rudely 
 awakened by the coming of the looters, it made my blood boil to think that they 
 were at the mercy of one whose belly outweighed every consideration of justice. 
 
 inspector Burke visited Marysville and remained one day. taking his de- 
 parture with such vivid promptness that he was enabled after all to make close 
 connections on his Christmas turkey. Whether he went near the Land Office or 
 not, is a mooted question, but in any event he submitted a report, based upon 
 conclusions after a few hours of observation, and passed judgment upon findings 
 that had taken me several days to reach. My experience with matters relating to 
 
 Page 430 
 
the public domain covered a period of more than 20 years, while all that Burke 
 did not know about Land Office records would make a book of such huge pro- 
 portions that this volume would resemble a vest pocket edition of a postage stamp 
 in comparison. And yet, he had the audacity to say in his report to the Com- 
 missioner of the General Land Office that my charges were based upon personal 
 prejudice against the Land Office officials. 
 
 Before he left for Marysville I had given him a written memoranda at 
 his request, telling him where he could find each book bearing upon my charges, 
 but if he ever went near the office he certainly made no personal examination 
 for the simple reason that it would have been a physical and mental impossibility 
 for him to have done so in the limited time he took from his turkey. 
 
 So far as any prejudice against the Land Officials is concerned, I never 
 met any of them prior to my inspection, and the only acquaintance I had there 
 was with Attorney Charles E. Swezy, hitherto referred to, who had been asso- 
 ciated with me at Bakersfield, Cal., in the fight against the oil men, and had 1 
 been inclined to favor anybody it most certainly would have been one with whom 
 I had long been on terms of intimate friendship. 
 
 Commissioner Hermann sustained Inspector Burke in his report, and then 
 the officers of the State Mining Bureau got exceedingly busy. Most of them 
 had personal knowledge that my charges were true, and President William C. 
 Ralston, of that institution, declared war on the whitewashing policy of the Land 
 Department. He went to Washington forthwith, and, accompanied by United 
 States Senator George C. Perkins, of California, called upon Commissioner 
 Hermann, and endeavored to dissuade him from perpetrating a wrong by uphold- 
 ing Burke's false findings. 
 
 They received a most frigid reception from Hermann, so it is said, and in 
 view of subsequent events connecting the ex-Land Commissioner with Oregon 
 indictments for complicity in the frauds, the action of Hermann is not at all 
 surprising. It would never do to let the light of day shine on any transaction 
 where he was liable to be concerned, and so the head of the public land service 
 sought in every way possible to stave off what he must have then realized was 
 the judgment day. That accounts for his motive in frowning on every effort to 
 probe for the facts. 
 
 He reckoned without his host, however, in his dealings with Ralston. 
 That individual, famed for his aggressive spirit, was all the more determined 
 to sift the matter to the bottom, with the result that he succeeded in interesting 
 President Roosevelt upon the subject. In response to the Chief Executive's direc- 
 tion. Secretary Hitchcock dispatched S. G. Ruby, Special Inspector of the 
 Interior Department, and a man in whom he had the most implicit confidence, 
 to the scene, and, after making a thorough investigation, Mr. Ruby sustained mc 
 in every particular. 
 
 One of the fruits of Ruby's report was the enforced retirement of F. E. 
 Johnson as Register of the Marysville Land Office as soon as his term of office 
 expired a short time after these occurrences ; and the following Associated 
 Press dispatch, taken from the San Francisco Bulletin of November 11, 1903. 
 tells its own story as to what happened to Burke : 
 
 LAND AGENT BURKE IS ALLOWED TO RESIGN. 
 
 Secretary of the Interior Was Dissatisfied With the Work Done in the Marys- 
 ville Land Fraud Cases. 
 
 Washington, Nov. 11.- — The Secretary of the Interior today accepted the resigna- 
 tion of Andrew H. Burke, a former Governor of North Dakota, who went to California 
 some months ago under appointment of the then Land Commissioner Hermann to inves- 
 tigate the alleged land frauds in the Marysville district. It was said at the Interior De- 
 partment that Mr. Burke would have been removed had he not resigned. The reason 
 is that Secretary Hitchcock was dissatisfied with the report Burke made of the investi- 
 
 Page 431 
 
Edward H. Benjamin, who used his position as Secretary of the California Miners' 
 Association to further the interests of the H. H. Yard placer mining locations 
 
gations at Marysville. That report practically whitewashed the whole business, and since 
 it was made the Interior Department had found there have been extensive frauds through- 
 out the district, and that Burke failed signally to discover them. 
 
 Nor was the enforced retirement of Register Jolinson and Inspector Burke 
 the only fruits of the exposure of affairs at the Marysville Land Office. It was 
 practically the beginning of the friction between Secretary of the Interior Hitch- 
 cock and Commissioner of the General Land Office Hermann, which culminated 
 in the latter's expulsion from the position, and the appointment of W. A. Richards 
 to till the place. 
 
 After Hermann's peremptory removal as head of the Land Department, 
 he retired to private life, but at the next election sought vindication at the hands 
 of the people of his Congressional district, which was accorded him in a manner 
 that must have been extremely gratifying to his personal vanity, as he was elected 
 by a large majority. The campaign was productive of some dark hints of Her- 
 mann's unworthiness, but these rumors had little eft'ect upon the opinions of 
 voters. 
 
 What added to the popularity of the ex-Land Commissioner was the fact 
 that while making his canvass during the summer of 1903, President Roosevelt 
 visited Oregon in the course of a tour of the Pacific Coast, and upon this 
 occasion Mr. Hermann practised the clever deception that is referred to hereto- 
 fore, wherein the disgraced former Land Commissioner succeeded in having 
 himself photographed with the President on the rear platform of the Presidential 
 train. 
 
 In the course of a recent interview with a vSt. Paul newspaper, Thomas B. 
 Walker rushes to the aid of down-trodden millionaires in this fashion : 
 
 "Hill is entitled to 10,000 times more credit for his work in the Northwest than is 
 William Van Home and other men who have played similar parts in Canada. Yet Van 
 Home and some of his associates have been knighted and honored by the British govern- 
 ment and Hill is attacked and condemned by the farmers of the Northwest. As a matt'jr 
 of fact the Hill merger of the Northern Pacific, Great Northern and Burlington was the 
 only thing which prevented St. Paul and other Minnesota cities from becoming mere way 
 stations on transcontinental lines owned and controlled by Harriman. 
 
 "One of the best citizens in the United States is John D. Eockefeller. He is 
 honorable, just and fair. He is a good Christian. There is no better thumbed Bible in 
 the country than that of the oil king. He knows and loves the Scriptures. And yet how 
 he is reviled by the unthinking!" 
 
 It was during my trip through the northern counties of California for 
 the State Mining Bureau that I became cognizant of one of the most brazen at- 
 tempts to grab a large body of public and private land that ever came under my 
 observation. My attention was first called to the situation while at Oroville, 
 which seemed to have been the head center of the scheme, as the idea originated 
 there, and it was at this place where most of its leading promoters resided. In 
 brief, the proposition was for eight men to file on twenty acres of land each un- 
 der the United States placer mining laws, pooling their issues in a single claim 
 of 160 acres, and continuing in this manner until they had secured all the land 
 they rec[uired for their purposes. By this method they could apparently locate 
 the entire universe, or at least that portion of it within the jurisdiction of Uncle 
 Sam, as the statutes governing mineral entries seemingly place no limit upon the 
 number of claims eight persons could thus locate. 
 
 At all events, I ascertained that li. H. Yard, J. P. Cleary, W. Haines, F. 
 E. Emlay, N. J. Conover, R. T. Hall, W. E. Allen and W. S. Jackson had 
 already filed upon more than 100,000 acres in Butte and Plumas counties by 
 this process, with several counties yet to hear from ; and it developed afterward 
 that they increased their holdings to upward of 265,000 acres before their lust 
 for land had been fully satisfied. 
 
 Cleary, Haines, Emlay, Conover, Allen and Jackson were all residents of 
 New Jersey, Pennsylvania and New York, while Yard and Hall claimed Oroville 
 as their legal place of abode. 
 
 Page 433 
 
Although the placer mining laws in themselves placed no obstacle, appar- 
 ently, in the way of a group of locators securing an almost endless quantity of 
 land by this method, as a matter of fact, the decisions of the higher courts of 
 various States took a different view of the matter. Here is how the tribunals 
 ruled in several well-known cases : 
 
 "A placer location, even though taken by legal subdivisions, is required by law 
 to be staked or marked on the ground.'' — Gregory vs. Pershbaker; 73, Cal., 109. 
 
 "The location of placer claims, using the names of persons as co-locators who are 
 not intended to have any real interest, V)ut who are to convey the rights after location 
 (commonlv called dunimv locators) is a fraud upon the Government." — Mitchell vs. Cline; 
 84, Cal.. 409. 
 
 "A mere posting of notice on a ridge of rocks cropping out of the earth, or on 
 other ground, that the poster has located thereon a mining claim, without any discovery or 
 knowledge on his part of the existence of metal there or in its immediate vicinity, would 
 be justly treated as a mere speculative proceeding, and would not of itself initiate any 
 right. There must be something beyond a mere guess on the part of the miner to 
 authorize him to make a location which will exclude others from the ground, such as 
 the discovery of the precious metals in it, or in such proximity to it as to justify a reason- 
 able belief in their existence." — Erhardt vs. Boaro; 113, U. S., 527. 
 
 Beginning at a point a few miles north of Oroville, the foregoing loca- 
 tors had filed on a strip of land for five miles on either side of the North Fork of 
 the Feather river to its intersection with the east branch of the stream ; thence 
 along the latter to the town of Shoo Fly, in Plumas county, where Spanish Creek 
 empties into the east branch of Feather river. Later they continued their opera- 
 tions by covering practically all the territory existing between that point and 
 Beckwith Pass, in spite of the howl of disapproval that was raised against their 
 unwarranted proceedings. It seems they took scant heed of existing rights, but 
 filed indiscriminately over everything that came in their path, including private 
 property of all kinds, patented ground, tracts embraced in railroad grants, besides 
 everything else that got in their way, upon the broad and impartial basis that all 
 was fish that came to their nets. 
 
 The locations, when actually made in the field by Surveyor B. L. McCoy 
 and his crews, comprised the posting of notices on contiguous corners of quarter 
 sections, along the section and township lines. The notices were on printed 
 blanks of the simplest form, filled in with the legal subdivisions claimed, and with 
 the names of the same eight locators constantly repeated, except in a few instances. 
 Two witnesses were generally provided from the surveyor's crew. 
 
 A close inspection of the ground afterward by one of the field assistants 
 of the State Miuing Bureau indicated that only a limited portion of the notices 
 were actually posted, the balance being simply "paper locations" put on record 
 but not placed on the ground. None of the location notices recited the discovery 
 of mineral, described corner stakes, or in fact carried out any of the technical 
 provisions of the statutes. 
 
 While the locations were manifestly invalid, they answered the scare- 
 crow purpose for which they were intended, and as a result the region affected 
 by their iniquitous touch has ever since been closed to prospectors and consequent 
 mineral development. It is seldom that an honest miner, intending to engage 
 in the legitimate calling of his pursuit, will seek to enter a field where there is 
 strong probability of endless litigation ; so the consequences are that Yard and his 
 associates have been permitted for the past six years to maintain a genteel system 
 of blackmail in the interest of the Goulds. 
 
 What adds to the shame of the situation is the fact that members of the 
 California Miners' Association, particularly Edward H. Benjamin, the secretary 
 of the latter organization, have aided and abetted the scheme to tie up these min- 
 eral lands. Yard was shrewd enough to realize that it was necessary to secure 
 the sanction of some similar body in order to cloak his operations with the 
 appearance of genuineness, hence made Secretary Benjamin Vice-President of 
 the "North California Mining Company," which he had organized also as one 
 
 Page 434 
 
Thomas B. Walker, the millionaire lumberman of Minneapolis, Minnesota, who brought 
 
 out "dummy" entrymen from the East in carload lots for the 
 
 purpose of grabbing the forests of the Sierras 
 
of the side issues to his wolf-in-sheep's-clothin.c^ enteriirises. At one time the 
 Cahfornia ]\Iiners' Association exercised considerable influence in the develop- 
 inetit of the mining industry of the State, its sessions each year being; attended 
 by representative miners from all sections ; but greedy commercial instincts got 
 the upper hand with some of its leading members, in consequence of which the 
 organization became afllicted with dry rot and gradually fell into decay. In 
 order to recuperate, and endeavor to recover its lost position, recourse was had 
 in a cheap initiation fee, so that for $1 anybody could join, with the result that 
 most of its later sessions have been marked by the presence of everybody except- 
 ing miners. 
 
 Although the promoters of this vast system of mineral locators are known 
 to have expended considerable money in making surveys and otherwise perform- 
 ing assessment work upon their claims, it soon became evident that the mining 
 feature was not the real object of their tremendous activity, and in my report to 
 State Mineralogist Anbury covering their operations I pointed out that what 
 they were doing looked very much as if they were paving the way for some rail- 
 way route. 
 
 As that time I had no idea of the magnitude of their scheme, nor had 
 anybody else save those on the inside, my theory being that they contemplated 
 the construction of some local electric line into the Big Meadows country in 
 order to tap the rich timber belt of the region. It has since transpired, however, 
 that Yard and his associates were acting in the interest of the Goulds, and were 
 merely hewing a pathway for the coming of the Western Pacific, the new trans- 
 continental line in process of construction at the present time. This feature of 
 the situation is covered by the following special dispatch appearing in the Sac- 
 ramento Evening Bee of July 1. 1905 : 
 
 OROVILLK (Butte Co.), July ]. — An important business transaction was com- 
 pleted here this morning, when the interests of the North California Mining Company 
 were turned over to the Western Pacific Railway Company. The North California Mining 
 Company was organized by H. H. Yard, who located about 800 mineral claims in Butte 
 and Plumas Counties. As Yard was known to be Gould's head man, and Gould was 
 known to be a main factor in the Western Pacific, the position of the North California 
 Company has been the subject of considerable speculation. 
 
 No sooner had State Mineralogist Anbury become apprised of the situa- 
 tion through the medium of my report than he lost no time in endeavoring to 
 put a stop to the scheme. He was honest enough in his undertaking, and perhaps 
 in the next generation or so the Government may succeed in securing the can- 
 cellation of all the bogus mineral entries, but in the meantime all the mischief 
 has been done, because, through their bold operations — paved with good inten- 
 tions, but cleverly masking a gigantic fraud — the originators of the idea have 
 warded off all interference with the plans of the Western Pacific, thus enabling 
 that railway corporation to secure a route through the Sierra Nevada mountains 
 second to none in the matter of economic grade. 
 
 In this connection I cannot refrain from printing a poem written by Sam. 
 C. Dunham, now editor of the Tonopah Miner, but at one time a resident of 
 Nome, Alaska. It expresses the idea so clearly in regard to the abuses of the 
 United States Placer mining laws that its introduction at this time is quite 
 apropos. While it relates to conditions in Alaska, it can be applied to almost any 
 public land State in the Union : 
 
 Page 436 
 
State Mineralogist Aulury in his office 
 
I3l)c Camcnt of tl)e 016 Sour iDougl) 
 
 I've trudged, and I've starved, and I've frozen, 
 
 All over this white, barren land — 
 Where the sea stretches straight, white, and silent, 
 
 Where the timberless white mountains stand — 
 From the white peaks that gleam in the moonlight. 
 
 Like a garment that graces a soul. 
 To the last zvhite si^'cep of the prairies. 
 
 Where the black shadozvs brood round the Pole. 
 
 (A'ow, pray don't presume from this prelude 
 
 That a flame of poetical fire 
 Is to burst from my brain like a beacon, 
 
 For I've only been tuning my lyre 
 To the low, sad voice of a singer 
 
 Who's inspired to sing you some facts 
 About the improvements in staking 
 
 And the men who mine with an ax.) 
 
 I've panned from Peru to Point Barrow, 
 
 But I never located a claim 
 Till I'd fully persuaded my conscience 
 
 That pay dirt pervaded the same ; 
 And this is the source of my sorrozv. 
 
 As you zvill be forced to agree. 
 When you learn hozv relentless Misfortune 
 
 Has dumped all her tailings on me. 
 
 I worked with my pardner all summer, 
 
 Crosscutting a cussed cold creek, 
 Which we never once thought of locating 
 
 Unless zi'c located the streak; 
 And when, at the close of the season, 
 
 We discovered the creek zvas a fake, 
 We also discovered the region 
 
 Had nothing left in it to stake. 
 
 We traversed the toe-tzvisting tundra. 
 
 Where reindeer root round for their feed, 
 And the hungry Laplanders zvho herd them 
 
 Devour them before they can breed. 
 Here it seemed that good claims might be plenty, 
 
 And we thought zee would stake one — perhaps; 
 But we found to our grief that the gulches 
 
 Were staked in the name of the Lapps. 
 
 A hundred long leagues to the northzvard. 
 O'er the untrodden, sun-burnished snow, 
 
 We struggled, half-blind and half famished. 
 To the sea zvhere the staunch zvhalers ?o. 
 
Cp^e Cament of t^e 016 Sour iDougl) 
 
 We found there broad beaches of ruby 
 And mountains zvith placers and leads ; 
 
 But all save the sky zvas pre-empted 
 By salt-water sailors and Szvedes. 
 
 Then zve climbed the cold creeks near a mission 
 
 That is run by an agent of God, 
 Who trades Bibles and prayer-books to heathens 
 
 For ivory, sealskins, and cod. 
 At last zve zvere sure zve had struck it, 
 
 But alas! for our hope of rezvard — 
 The landscape from seabeach to sky-line 
 
 Was staked in the name of the Lord! 
 
 We're too slozv for the nezv breed of miners, 
 
 Embracing all classes of men. 
 Who locate by pozver of attorney 
 
 And prospect their claims zvith a pen; 
 Who do all of their fine zvork through agents 
 
 And loaf around tozun zvith the sports, 
 On intimate terms zvith the lazvyers. 
 
 On similar terms zvith the courts. 
 
 We're scared to submission and silence 
 
 By the men the Government sends 
 To force us to keep lazv and order, 
 
 While they keep claims for their friends, 
 And collect in an indirect manner 
 
 An exceedingly burdensome tax — 
 Assumed for a time by the traders. 
 
 And then transferred to our backs. 
 
 We had some hard knocks on the Klondike 
 
 From the Cub-lion's unpadded pazi's, 
 And suffered some shocks from high license 
 
 And other immutable lazvs ; 
 But they robbed us by regular schedule. 
 
 So zve knezv just zvhat to expect. 
 While at Nome zve're scheduled to struggle 
 
 Until zve're financially zvrecked. 
 
 Fm sick of the scream of the Eagle 
 
 And lazvs of dishonest de'sign, 
 And Fm going in quest of a country 
 
 Where a miner can locate a mine ; 
 So zvhen I have rustled an outfit 
 
 These places zvill knozv me no more. 
 For Fll try my luck zvith the Russians 
 
 On the bleak Siberian shore. 
 
PiioToc.RAPinc Copy ok Lktter of Instructions Writtkn by State Mineral- 
 (u;isT AriiuRY to Horace Stevens Relative m the Bogus Yard Placer 
 .Mi.\iN(; 1 1. AIMS IN Butte and Plumas Counties, California. 
 
 STATE OF CALIFORNIA 
 
 * ®aj|fornia * 
 §tate ^Sln0 §ixvean 
 
 ■ ^», -"^ ,.^ . 
 
 WM. O. RALSTON, - PailloIliT. 
 
 TM09. ■■ ■ISMOP. VIO>-ril<«IOINT. 
 
 IiBWIS B. RUC 
 
 PRANK O. DRUM, 
 p. M. MAHVCV 
 
 , Stata Klnaralogiat. 
 
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Chapter XXVIII 
 
 Grist of the Government's land fraud mill in the shape of indictments and convic- 
 tions — Ho2v the famous Federal Grand Jury of Oregon put a stop to the 
 reign of the looters. In the course of a session lasting several months, 
 the body returns numerous indictments covering about every phase of the 
 land fraud situation, zath the result that tn'cnty-seven persons have already 
 been convicted, li'hile other trials are to follozv. Resume of the different 
 cases, shounng social status of most of those involved. 
 
 AFTER the confession of I'uter, following" his conviction in the 11-7 case, 
 at the request of Francis J. Heney. Special Assistant to the United States 
 
 Attorney-General, Judge Charles B. Bellinger reconvened the Federal Grand 
 Jury, and in the course of a session lasting from December 17, 1904, to April 8, 
 1905, and for a few days in August and September of that year, no less than 
 twenty-six indictments were returned by the inquisitorial body, affecting approx- 
 imately 100 persons, many of whom were prominent. Without doubt, the op- 
 erations of this Grand Jury were the most important, so far as the public domain 
 is concerned, of any similar body that ever assembled in the United States, and 
 its acts will go down into history as a monument to the overthrow of the looters. 
 
 Of the twenty men composing the body, twelve were farmers, two were 
 Portland merchants, two were capitalists, while one fruit grower, one stockraiser, 
 one hotel keeper and a laborer made up the remainder. All were drawn from 
 different sections of the State, twelve counties being represented in the panel. 
 
 Too much praise cannot be accorded this famous body for its earnest efforts 
 in probing the corruptive methods employed in acquiring title to the Oregon tim- 
 ber lands. By process of fraud of various kinds, millions of acres of the public 
 domain, comprising practically the cream of an immense area, had passed into 
 the hands of Eastern speculators and large lumber syndicates, whose agents had 
 accomplished their base designs through the bribery of public officials, and by 
 other corruptive tactics of equal degradation. 
 
 The Grand Jury was made up entirely of a class of men engaged actively 
 in various industrial pursuits at the time they were chosen to make these investi- 
 gations. For months they labored incessantly and faithfully at great financial 
 sacrifice, and their unselfishness in this respect should earn for them the everlast- 
 ing gratitude of all good citizens. 
 
 Upon the temporary adjournment of the Federal Grand Jury on February 
 13, 1905, it passed this set of resolutions: 
 
 ' * Kesolved, by the Federal Grand Jury, that we extend our sincere thanks to 
 District Attorney Heney for the uniform kindness and courtesy shown this body, and 
 commend him for his faithful and efficient work on behalf of the Government. 
 
 "Resolved that a copy of these resolutions be presented to Mr. Heney with the 
 compliments of this Grand Jury. — "W. H. H. Wade, foreman; John W. Jory, secretary; 
 L. A. Vogal, W. P. Button, Joseph Fetzner, George Giustin, Foster Adams, A. Bettinger, 
 A. H. Parsons, George D. Feebler, L. R. Herren, F. G. Buffum, L. N. Edwards, William 
 Shepherd, John Shaw, J. R. Hays, G. Christiensen, Joseph Essner, V. W. Robnett. 
 
 Following is a list of indictments returned by the body during 1904 and 
 1905. Those found in 1906, as herewith indicated, were the acts of a succeeding 
 Grand Jury : 
 
 No. 2887 — Indictment returned December 23, 1904, charging Franklin Pierce Mays, 
 Horace G. McKinley, S. A. D. Puter, Mario L. Ware, Emma L. Watson, D. W. Tarpley 
 and Robert Simpson with a violation of section 5440, being conspiracy to defraud the 
 Government out of the title to public lands in township 24 south, range 1 east, Willamette 
 meridian. 
 
 Page 442 
 
Those involved in this indictment have been referred to with such fre- 
 quency in these pages that no extended comment is necessary. The "Robert 
 Simpson" mentioned was a fictitious person. While the primary object of the 
 indictment was to bring F. P. Mays within the meshes of the law, as a matter of 
 fact, the latter was tried and convicted under indictment No. 2918, known as the 
 ''Blue Mountain Forest Reserve" case, and there is not much likelihood of No. 
 2887 ever coming to trial. 
 
 No. 2890 — Indictment returned December 27, 1904, against Salmon B. Ormsby, 
 William H. Davis, Clark E. Loomis, Henry A. Young and George Sorenson, with conspiracy 
 under section 5440 of the Eevised Statutes, to defraud the Government out of lands in 
 township 11 south, range 7 east. Consolidated with case No. 2898, alleging conspiracy 
 on the part of persons named with Binger Hermann, S. A. D. Puter, Horace G. McKinley, 
 Emma L. Watson, Dan W. Tarpley, Elbert K. Brown, Mrs. Nellie Brown and Frank H. 
 Walgamot. 
 
 The most interesting figure in this proceeding is Dr. W. H. Davis, the 
 Mayor of Albany, Ore., at the time the indictment was returned, and also chair- 
 man of the Republican Central Committee of Linn County. It seems he under- 
 took to do business in the fated township 11-7, upon practically similar lines to 
 the system pursued by Puter, et al., but lacked the nerve to carry the scheme into 
 execution, and abandoned the attempt. It was presumed that Binger Hermann, 
 while Commissioner of the General Land Office, had a "stand-in" on the propo- 
 sition, by reason of political affiliations. 
 
 No. 2891 — Indictment returned December 31, 1904, against Binger Hermann, charges 
 him with conspiracy to secure title fraudulently to certain public lands. 
 
 This indictment had reference to the part Hermann is alleged to have 
 played in the efiforts of Puter to have the patents expedited for the twelve fraud- 
 ulent homestead entries in township 11-7. 
 
 No. 2892 — Indictment returned December 31, 1904, against George Sorenson, charg- 
 ing him with a violation of section 5451 of the Eevised Statutes, in offering a bribe to 
 John H. Hall, then United States Attorney. 
 
 Sorenson was tried upon this charge, but the jury failed to agree, standing 
 ten for conviction and two for acquittal after a long session. Heney accused the 
 two recalcitrant members of the body with having been tampered with in some 
 way, and his vehement remarks to them upon the subject after the jury had been 
 discharged, provoked considerable applause from the other ten. 
 
 No. 2895 — Indictment returned January 21, 1905, charges George Sorenson with 
 perjury, alleged to have been committed in connection with the first trial of the foregoing 
 case. 
 
 No. 2897 — Indictment returned January 31, 1905, against Earl Benson, William T. 
 Nicholls, O. M. Lawrence, Hans Wadtli, Fred Wadtli, O. J. Mealey, William Mealey. 
 John Thompson and Eichard Watkinds, charging them with a violation of section 5399, 
 Revised Statutes, in having threatened Andy Nicholls, a Government witness. 
 
 The defendants in this case were fellow "dummies" of Andy Nicholls, 
 having been involved with him in the Townships 13 and 14 South, Ranges 3 and 4 
 East deal, wherein the Mealey brothers secured a large tract of choice timber land 
 for C. A. Smith. The "faithful" blamed Andy for exposing them to the Govern- 
 ment Secret Service, and threatened him accordingly. Heney promptly had them 
 all indicted and placed under heavy bonds as a measure of precaution, and the 
 photograph of Andy Nicholls, printed elsewhere, does not indicate that he was 
 cast down to any great extent by reason of the threats. 
 
 No. 2912 — Indictment returned February 10, 1905, against Henry Meldrum, George 
 E. Wagoner, David W. Kinnaird, Benjamin F. Winton, Gustavo Klaetsch, George Sorenson, 
 Livy Stipp and Frank H. Dungan, charging them with a violation of section 5440, 
 Eevised Statutes, by means of fraudulent surveying contracts. 
 
 Page 443 
 
Mcldruni was formerly United States Surveyor-General of Oregon; Kin- 
 naird was a Government examiner of surveys; Waggoner was chief clerk of the 
 Surveyor-General's office under Meldrum ; W'inton and Klaetsch were contractors 
 for Government surveys, while Stij)}) and Dungan are alleged to have taken 
 fraudulent acknowledgements in connection with the survey of certain townships, 
 both being notaries public. Aleldruni was convicted on twenty-one counts of an 
 indictment returned by a previous Grand Jury, and is now doing time at the 
 Government prison on McNeill's Island. 
 
 Xo. 2915 — Indictmont roturnod February 13, 1905, against Jolin 11. Hall, Henry 
 Ford. Harry L. Rees. A. P. Caylor, John Cordano, .1. H. Hitchings, John Northrup and 
 Charles F. Lord, charging them with a violation of section 5399, Revised Statutes, in 
 endeavoring to intimidate an officer in a United States court in the discharge of his duty. 
 
 Back of this indictment there is an interesting story. It is claimed that 
 the defendants entered into a conspiracy to bring disrepute upon Heney by 
 having him involved in a scandal with Marie Ware. Her friend Alice White 
 was selected to carry on the negotiations with Miss Ware, but the two women 
 lost no time in apprising Heney of the situation, and the indictment was the con- 
 sequence. Hall was the Ex-United States Attorney whom Heney was instru- 
 mental in having dismissed from office ; Ford is a private detective of Portland, 
 Ore. ; Rees was a crooked clerk in the paymaster's department of the United 
 States army, who had been courtmartialed for some of his delinquencies ; Caylor 
 was a professional dead-beat ; Cordano a deputy sheriff at the time ; Hitchings, a 
 police court lawyer; Northrup a hotel keeper, and one of the two jurymen who 
 had hung the jury at the Sorenson trial, and consequently was supposed to be 
 burning for revenge on account of the tongue-lashing he had received at Heney's 
 hands upon that occasion, while Lord was also a local attorney of more or less 
 reputation. The case has never been brought to trial, and the proceedings against 
 Lord have been dismissed. 
 
 No 2909 — Indictment returned ' February 8, 1905, against George C. Brownell, 
 charging him with a violation of section 5393, Revised Statutes, by instigating Fred 
 Sievers and John A. Howland to perjure themselves before the Federal Grand Jury at 
 the time of the investigation of facts bearing upon survey contract No. 732, for townships 
 34, 35, 37 and 38 south, and ranges 28, 29 and 30 east, w! M. 
 
 Brownell for many years was one of the political leaders of Oregon, and 
 a lawyer of no mean ability. At the time of his indictment he represented Clack- 
 amas county in the State Senate, and at one time was president of the body, and 
 mentioned prominently as the successor to John H. Hall as United States Attor- 
 ney at the expiration of Hall's first term of office. It is alleged that Hall "killed 
 him oft'" by professing to have knowledge of some crooked land transaction in 
 which Brownell is alleged to have figured, hence Senators Mitchell and Fulton, 
 both of whom were under many political obligations to Brownell, advised the 
 latter to keep out of the race. Their letter upon the subject is printed elsewhere. 
 The case was dismissed on Heney's recommendation soon after the Hall trial, 
 the Government prosecutor being satisfied that Brownell was "innocent of the 
 charges." 
 
 No. 2911 — Indictments returned February 10, 1905, charging Winlock W. Steiwer, 
 Hamilton H. Hendricks. Clarence B. Zachary. Adelbert C. Zachary. Charles A. Watson, 
 Clyde E. Glass. Binger Hermann. John H. Hall. Edwin Mays, Franiilin P. Mays, Clark E. 
 Loomis and Edward D. Stratford with a violation of section 5440, Revised Statutes, being 
 conspiracy to commit an offense against the United States by preventing and obstructing 
 free passage over certain public lands in townships 5. 6 and 7 south and range 19 east, 
 and townships 5, 6 and 7 south, range 20 east, through the maintenance of an illegal 
 enclosure formed out of a line of illegal homestead entries. 
 
 This is what is commonly known as the "P)Utte Creek Land. Livestock & 
 Lumber Company" case, and invokes several important personages. Steiwer 
 is a man of considerable wealth and prominence in the community where he 
 
 Page Hi 
 
resides, and was a State Senator at the date of his indictment. He is heavily 
 interested in mercantile pursuits, being the principal owner of a large general 
 merchandise store at Fossil, Ore., as well as president of the Butte Creek Land, 
 Livestock & Lumber Co., the offending corporation, of which Hendricks is secre- 
 tary and general manager, C. B. Zachary superintendent, and Glass book- 
 keeper. The Mays brothers, as well as Hall, were supposed to have had 
 guilty knowledge of the fraudulent operations of the company while they 
 were holding official positions in the United States Attorney's office, and 
 are accused of overlooking the alleged transgressions for obvious reasons. 
 Loomis and Stratford were also special agents of the General Land Office, who 
 are supposed to have shut their eyes to what was going on, both having made 
 investigations and reported favorably to the Department at Washington. Her- 
 mann was charged with knowledge of the offense, while A. C. Zachary and 
 Watson were supposed "dummies." The issues involved have resulted already 
 in the conviction of H. H. Hendricks, Coe D. Barnard, Charles A. Watson and 
 Clarence B. Zachary, and was the case in which John H. Hall was convicted, 
 February 8, 1908. 
 
 No. 2918 — Indictment returned February 13, 1905, against Binger Hermann, John N. 
 Williamson, Franklin P. Mays, Willard N. Jones and George Sorenson, charging them 
 with a violation of section 5440, Eevised Statutes, by entering into a conspiracy to 
 defraud the United States out of the possession and use of, and title to, 200,000 acres 
 lying in different states and territories, by means of a fraudulent plan contemplating 
 the obtaining of title, in the first instance to 150,000 acres of State school lands in Crook, 
 Grant, Harney, Malheur, Baker, Union, Umatilla and Wallowa Counties, through the use 
 of illegal affidavits and applications and the subsequent inclusion of such school lands in 
 the Blue Mountain Forest Reserve, thus creating the possibility of their use as base in 
 exchange for valuable timber lands under the lieu land act of June 4, 1897. 
 
 This is the famous "Blue Mountain Forest Reserve" case, and was the 
 one in which Mays, Jones and Sorenson were convicted on September 13, 1906, 
 after a trial lasting 25 full days, with evening sessions. By stipulation, it had 
 been arranged that Hermann should first be tried in Washington, D. C, for the 
 alleged destruction of 33 letterpress copybooks belonging to the General Land 
 Office, of which charge he was acquitted in April, 1907. It is significant, how- 
 ever, that Heney did not prosecute him upon this occasion, United States 
 Attorney D. W. Baker, of the District of Columbia, appearing for the Govern- 
 ment, and although the evidence was decidedly strong against the accused ex- 
 Commissioner of the General Land Office, a jury turned him loose. 
 
 No 2938 — Indictment returned April 8, 1905, charging Charles A. Watson with a 
 violation of section 5392, Revised Statutes, consisting of perjury committed in swearing 
 to testimony given in his final homestead proof before United States Commissioner 
 James S. Stewart. 
 
 The defendant in this case was convicted on August 8, 1906, but by 
 reason of his becoming a witness for the Government in the Zachary case follow- 
 ing, and confessing that he had been induced to commit perjury in making a 
 homestead location for the benefit of the Butte Creek Land, Livestock & Lumber 
 Co., Judge Hunt suspended sentence, and he was permitted to go on his own 
 recognizance. Watson was a herder in the employ of the corporation, and con- 
 fessed on the stand that he had been used as a "dummy" by some of its officials 
 in taking up a homestead claim within their immense illegal inclosure of Govern- 
 ment land in Wheeler county, Oregon. 
 
 No. 2940 — Indictment returned April 8, 1905, against Frank E. Alley, A. R. Downs, 
 Edward R. Downs, Rev. Stephen W. Turnell and John Doe, charging them with a violation 
 of section 5440, Revised Statutes, by participation in a conspiracy to defraud the United 
 States out of public lands situated in township 28 south, range 3 west, Willamette 
 meridian, by means of false affidavits and proofs of homestead entry and settlement and 
 through false affidavits and proofs of timber entries. 
 
 Page 445 
 
All the defendants in this case were residents of Roseburg, Oregon, at 
 the time they were indicted, although it is understood that the Downs brothers 
 are now located somewhere in Mexico. They were timber cruisers of the South- 
 ern Oregon town, while Alley is a well-known searcher of records and land 
 attorney there, and Turncll is a minister of the gospel. 
 
 No. 2941 — Indictment returned April S, 1905, charging Coe D. Barnard with a viola- 
 tion of sction 5392, Eevised Statutes, being perjury committed in swearing to testimony 
 given in his final homestead proof before United States Commissioner James S. Stewart, 
 as witness for Charles A. Watson. 
 
 Barnard was a prosperous stockraiser of Wheeler county, Oregon, and it 
 was claimed that he was a frequent witness to the final proofs of bogus home- 
 stead claims made in the interest of the Butte Creek Land, Livestock & Lumber 
 Co. He was found guilty by a jury on August 11, 1906, and sentenced a week 
 later to two years' imprisonment on McNeill's Island, and to pay a fine of $2,000. 
 
 No. 2899 — Indictment returned January 31, 1905, against Henry W. Miller, Frank 
 E. Kincart, Martin G. Hoge and Charles Nickell, charging them with conspiracy under 
 section 5440, Eevised Statutes, in connection with the filing of applications under the 
 timber and stone law for tracts of land in township 40 south, range 3 west, Willamette 
 meridian. 
 
 Nickell, the most prominent of the quartette involved in this indictment, 
 was the publisher of two newspapers in Southern Oregon, one at Medford and 
 the other at Jacksonville. He also held the office of United States Commissioner, 
 and it was through his connection with this official position that he became 
 involved in the alleged conspiracy. Hoge was city attorney of Medford, and was 
 accused of using his influence as a "booster" for the fraudulent scheme of Miller 
 and Kincart, both of whom were timber cruisers of unsavory reputation. The 
 two latter pleaded guilty at the trial, and made complete confessions, implicat"ing 
 Nickell and Hoge, which resulted in their conviction July 27, 1906. Nickell was 
 given 13 months on McNeill's Island, while Hoge was sentenced to four months 
 in the Multnomah County jail and to pay a fine of $500. After serving his 
 sentence, Hoge took the "pauper oath" and was liberated. Nickell's case is on 
 appeal. 
 
 No. 2900 — Indictment returned January 31, 1905, against William H. Davis, Mayor 
 of Albany, Or., charging him with a violation of section 5392, Revised Statutes, in connec- 
 tion with testimon}^ given by him at the time of making final proof on his homestead 
 entry in township 11-7. 
 
 No 2907 — Indictment returned February 8, 1905, against Henry Meldrum, George 
 E. Waggoner, David W. Kinnaird, Eufus S. Moore, John W. Hamaker and Frank J. Van 
 Winkle, charging them with a violation of section 5440, Eevised Statutes, being con- 
 spiracy to defraud the United States by means of false and fraudulent surveying con- 
 tracts covering tracts of land in Ts. 27 S., Es. 26, 27, 28, 29%, 29% and 30 E., and 
 adjacent lands. 
 
 No. 2908 — Indictment returned February 8, 1905, charging Hamilton H. Hendricks 
 with a violation of section 5393, Eevised Statutes, with suborning George W". Hawk to 
 commit perjury in giving testimony before the Federal Grand Jury in connection with 
 Hawk's homestead entry; also accusing Hendricks of a similar offense in the case of Home- 
 stead Entryman Clyde Brown. 
 
 No. 2942 — Indictment returned April 8, 1905, against James Henry Booth, Eeceiver 
 of the Eoseburg Land Office, charging him with a violation of section 1782, Eevised 
 Statutes, in receiving $800 as compensation for furnishing advance information illegally 
 relative to the cancellation of certain land entries in the Eoseburg Land District. 
 
 No. 2943 — Indictment returned April 8, 1905, against Eobert A Booth, James 
 Henry Booth, T. E. Singleton, .John Doe, Eichard Eoe, William Eoe and Thomas Eoe, 
 charging them with a violation of section 5440, Eevised Statutes, conspiracy to defraud 
 the United States out of the title to a tract of public land through the use of false 
 affidavits and proofs of homestead entry and settlement procured to be made by I Thomas 
 Agee, of Mapleton, Or. 
 
 Robert A. Booth is vice-president of the Booth-Kelly Lumber Company, 
 and at the time of his indictment, represented Lane County in the State Senate. 
 
 Page 446 
 
No. 2944 — Indictment returned April 8, 1905, against James Benson, of Cottage 
 Grove, Or., charging him with a violation of section 5392, Eevised Statutes, consisting of 
 perjury committed in giving testimony before the Federal Grand Jury with relation to a 
 timber and stone entry made by him for a tract of land in the Eoseburg Land District. 
 
 No. 2945 — Indictment returned April 8, 1905, against Clarence B. Zachary, charging 
 him with a violation of section 5392, Eevised Statutes, being perjury committed in giving 
 testimony before United States Commissioner James S. Stewart as witness at the final 
 homestead proof of Charles A. Watson. 
 
 No. 2984 — Indictment returned September 2, 1905, under section 5440, Eevised 
 Statutes, charges Claude Thayer, Clark E. Hadley, Maurice Leach, Walter J. Smith, 
 Thomas Coates, John Tuttle, Charles E. Hayes, G. O. Nolan, John Doe and Eichard Eoe 
 with conspiracy to defraud the United States out of several thousand acres of timbered 
 lands in Tillamook County, Oregon. 
 
 This case is described fully in Chapter 23. 
 
 No. 2988 — Indictment returned September 2, 1905, against Herman K. Finch, Thad- 
 deus S. Potter, Bert Blauvelt, John Doe and Eichard Eoe, charging them with a violation 
 of section 5440, Eevised Statutes, being conspiracy to defraud the United States out of 
 two quarter sections of land entered by Finch and Potter, respectively, under the Siletz 
 homestead act. 
 
 No. 2991 — Indictment returned September 8, 1905, against C. Sam Smith and Dr. 
 Van Gesner, charging them with a violation of section 5440, Eevised Statutes, consisting 
 of conspiracy, having for its object the intimidation of certain Government witnesses 
 called to testify at the trial of the case of the United States vs. J. N. Williamson 
 and others. 
 
 Smith was sheriff of Crook county, Oregon, during the Williamson trial, 
 and was accused with Dr. Van Gesner with having attempted to intimidate wit- 
 nesses who had given testimony against the defendants in that case. 
 
 No. 3006 — Indictment returned September 15, 1905, under section 5440 of the 
 Eevised Statutes charges Charles A Graves, Erwin N. Wakefield, Ora L. Parker and 
 Eobert B. Foster with conspiracy to defraud the United States out of certain tracts of 
 land in Crook County, Oregon, by means of false and fraudulent sworn statements under 
 the timber and stone act, and by false testimony at final proof in connection with the 
 same land. 
 
 No. 4849 — Indictment returned April 9, 1906, against Eichard Jones, William H. 
 Smith, Jacob C. Cross, David E. Goodwin, Will D. Gould, Frank A. Stewart, William T. 
 Kerr, John E. Miller, Fred W. Dennis, Eichard Hynes, H. M. Eiley, Lee K. Myers, George 
 L. Stearns, Jeremiah Huntley, Amos S. Johnston, Warren Gillelen, E. W. Kenny, A. H. 
 Hedderly, John Doe, Eichard Eoe, Eobert Eoe, Thomas Eoe, Annie Eoe, charging them 
 with a violation of section 5440, Eevised Statutes, known as the ' ' Los Angeles ease. ' ' 
 
 Richard D. Jones and William H. Smith, of San Francisco, formerly of 
 Portland ; Jeremiah Huntley, formerly United States Commissioner for Curry 
 county; Amos S. Johnston, formerly Deputy County Clerk of Curry county; 
 Frank A. Stewart, merchant of Ophir; William T. Kerr, of Coquille; John R. 
 Miller, of Port Orford ; Warren Gillelen, president of the Broadway Bank & 
 Trust Company, of Los Angeles ; R. W. Kenny, cashier of the same institution ; 
 George L. Stearns, ex-president of the Pacific Furniture & Lumber Company, of 
 Los Angeles; Jacob C. Cross, director of the same company; David M. Goodwin 
 and A. H. Hedderly, physicians of Los Angeles; Richard Hynes, M. M. Riley 
 and Lee R. Myers, Los Angeles stock brokers ; Will D. Gould, a Los Angeles 
 attorney, and Fred W. Dennis, a San Francisco broker and real estate dealer. 
 
 All of the men named in the indictment are accused, under section 5440 of 
 the revised statutes, of conspiring together to defraud the Government of im- 
 mense acreage in Southern Oregon. The conspiracy is alleged to have commenced 
 some time during 1901 and to have been effective up to August 26, 1904. The 
 general plan of the scheme, as it is outlined in the indictment, is very similar to 
 those of the other two large land fraud indictments that were returned by the 
 grand jury. 
 
 ■ Although the accused men are said to have gained possession of only about 
 6000 acres, it is alleged that the original conspiracy had a mvtch broader scope 
 and that they hoped to rob the Government of about 30,000 acres of rich timber 
 
 Page 447 
 
land. The land which they now have in their possessii)n and which they are 
 charged with ohtaininj^" throu.fjh frau(hdcnt methods hes in a contiguous tract 
 and is located entirely within the ct)nfines of Curry county. It extends along the 
 hanks of Lohster and luichre Creeks, and is covered with timher of immense 
 value. 
 
 The general scheme of the conspirators as outlined was to contract with 
 individuals to file upon the land under the timher and stone Act, with the under- 
 standing that it was to he turned over to the ring of operators as soon as title 
 was secured. Under this plan the filing was done in a fraudulent manner, inas- 
 much as the entrymen swore that the claims were for them personally, whereas 
 it is alleged that it was agreed at the time that the transfers were to he made to 
 the men who had inspired them to go on the land. For this purpose men were 
 obtained wherever possible and sent to Curry county. It is said that the Pacific 
 Furniture & Lumber Company, which was the active agency of the land shark-, 
 procured entrymen from Nebraska, Kansas and California, as well as the various 
 cities in Oregon. The company operated sawmills at Humboldt, Port Orford, 
 Frankfort and Eureka. These mills, it is said, were used as a blind in bringing 
 entrymen to Oregon. They were induced to come West on the understanding 
 that'they were to have jobs in the mills. When they arrived, however, they were 
 informed that there was no work for them. Then, when they were penniless and 
 far from home, it was found to be a propitious time to approach them with sug- 
 gestions that they could make easy money by illegally filing upon some of the 
 choice timber land in the vicinity. 
 
 Cross, Goodwin, Stewart, Miller, Kerr and Jones banded themselves to- 
 gether in Los Angeles as the Pacific Furniture & Lumber Company for the pur- 
 pose of dealing in and acquiring Government land. Others became connected 
 wath the company, and during the duration of the conspiracy Hedderly and Smith 
 were associated in the management of its affairs. Smith, Jones and Dennis cared 
 for the affairs of the company in San Francisco, and are said to have laid the 
 plans skillfully and to have had complete control of all the branches of the fraud- 
 ulent plot. Tlie Broadway P>ank & Trust Company, which is one of the most im- 
 portant financial institutions of Los Angeles, is accused of being directly connected 
 with the plot and to have advanced money to finance the fraudulent proceedings. 
 
 Huntley, who occupied the office of United States Commissioner from 1901 
 to 1904, was brought into the conspiracy by allowing himself to be induced to re- 
 ceive the fraudulent entries, which, it is averred, he knew at the time were illegal. 
 The part of Johnston, the Deputy Clerk of Curry county, was to certify the fraud- 
 ulent timber and stone applications. None of the minor offenders who filed upon 
 the claims are included in the indictment, the policy of the Federal authorities evi- 
 dently being to strike at the men who were the principals in the nefarious plot 
 to rob the Government. 
 
 The indictment is a lengthy document, setting out in detail the many ram- 
 ifications of the scheme as they have been unearthed by District Attorney Bristol 
 and Special Inspector Neuhausen, with the assistance of the Government agents. 
 Thirteen separate counts are included in the indictment, any one of which, if it 
 is proved, is sufficient for conviction. 
 
 In gathering evidence against the land thieves. District Attorney Bristol 
 and Special Inspector Neuhausen were greatly assisted by the late M. A. jMeyen- 
 dorlf , Special Agent of the General Land Office, who did much work on the Cali- 
 fornia end of the affair. Horace T. Jones and J. D. Watts, also special agents 
 of the Government, assisted by carrying on investigations in Curry county, 
 Oregon. 
 
 No. 4445 — Indictment returned April 3, 1906, against Joseph Black, John C. Black, 
 August Anderson, Sumner A. Parker, Leander Choate, James Doughty, Benjamin Doughty, 
 'J homas Daly, James Bray, James H. Driscoll, John Doc, Richard Roe, Thomas Roe and 
 Andrew Roe, charging them with a violation of section 5440, Revised Statutes. This is 
 known as the "Wisconsin case." 
 
 Page 448 
 
The late Michael A. Meyendorff, Special Agent General Land 
 
 Office, whose death was hastened by the constant 
 
 "nagging" of the heads of 
 
 Departments 
 
 The Wisconsin men involved are said to be the chief participants in the 
 fraudulent operations for which the indictment which included their names was 
 issued. Oregon men were also implicated in the alleged fraudulent proceedings, 
 but only, it is alleged, as the tools of the Easterners, who are men of wealth and 
 furnished the funds for the operations and also laid the plans by which, it is 
 charged, they illegally obtained great tracts of Government acreage. 
 
 The Oshkosh men indicted, Leander Choate, James Matt Bray, Benjamin 
 Doughty, James Doughty and Thomas Daly, operated in Southern Oregon as the 
 Oshkosh Land & Timber Company. August Anderson and Joseph Black, of 
 Shawano, are also said to be connected with this corporation. Choate is said to 
 be very wealthy, and the others are all men of wealth and prominence in their 
 home state. 
 
 Bray is the president of the Bray & Choate Lumber Company, and Choate 
 is the treasurer of that company. The Doughtys are retired lumbermen. Daly 
 is the cashier of the Commercial National Bank, and all the men are large stock- 
 holders in that institution. 
 
 The charge upon which they were indicted is that of obtaining a large 
 tract of timber land east of Klamath by inducing men to file upon it and then 
 turn it over to them for a small consideration. Most of their work is said to have 
 been carried on through representatives in Oregon, but the principals themselves 
 
 Page 4i9 
 
arc saiil ti> have been on the ground at \ari(»iis times. Choalc. who is rc])ortc(l to 
 have been a leader in the ])rocee(hiins. is said to have visited the state and to have 
 taken a (hrect hand in Ijiini^in^ about some of the frau(hilent entries. 
 
 It is alleged tliat the original scheme of the coterie of capitalists was to 
 ac(|uire several immense tracts of valuable land. ai^i.(re,!4"atinj.( nearly 40 sections. 
 The plan did not work out in its entirety, but even the partially coiupleted opera- 
 tions are said to have brous^ht them into control of alx)Ut 160.000 acres of land. 
 Some of the land is located on Jenny Creek, some on Lone IMne Mountain and a 
 portion east of Klamath. All of the land is in Klamath and Lake counties, 
 Ore.i^on. The Eastern men are said to have come into ])ossession of the land by in- 
 ducing" Orei.^"on people to file upon it and turn it over to them as soon as they ob- 
 tained it. hi many cases it is alle^^ed the transfers were made the day the final 
 proofs were received. All of the land was taken as homestead claims. Most of 
 those who made filings were residents in the vicinity of Ashland and Medford, 
 and the.se per.sons were used as witnesses before the grand jury. 
 
 Sunuier J. Parker, of Ashland, is understood to have been the solicitor for 
 the Wisconsin men. Through his agency it is alleged men and women were in- 
 duced to take up the land with the understanding that it w'as to be turned over 
 to the (3shkosh Land & Timber Comjjany as soon as the final ])apers were re- 
 ceived. The papers were filed with James IT Driscoll at Klamath Falls. Driscoll 
 is accused of accepting fraudulent i)roofs of land and being a party to the general 
 .scheme to defraud the Government. With all of the wires carefully laid for their 
 operations, it is said that the scheme was carried on smoothly and thousands of 
 acres of Government lands seized before the proceedings against them were com- 
 menced. 
 
 No. 4.S.")7 — IiKlic'tincnt rctunnMl May 5. Ul()(i, af>ainst F. W. (.iilchrist, Kalpli K. 
 (Tili-hrist, Patrick Culligan, .Tames G. MacPherson, Herman W. Stone, Edmund Dorgan. 
 Francis .1. Devine, John Joseph Collins, Charles M. Klkins, John Combs. Benjamin F. 
 Allen. Malcolm McAlpin. Amond C. Palmer, IJ. Judd I'almer, Donald F. Steffa. M. E. 
 Brink, C. A. M. Schlierholz, J. W. Hopkins, W. W. Brown, Ed. N. White, Thomas H. 
 Watkins. .John Doe, Richard Roe, Thomas Roe, Andrew Roe, William Roe and James Roc. 
 charging them with a violation of section 5-t40, Revised Statutes, known as the ''Michigan 
 case. 
 
 The Oregon men involved follow: Charles ^I. Elkins and Jack Combs, 
 of Prineville, and Benjamin ]\ Allen, of Portland, members of the firm of Elkins 
 & Co.; Judge AL E. l>rink. of Prineville; Donald F. Steffa, of Prineville, editor 
 of the Crook County Journal; Almond C. Palmer and H. Judd Palmer, attorneys 
 of Portland ; E. Dorgan, Francis J. Devine and John J. Collins, members of the 
 firm of E. Dorgan & Co., of Albany; ]\Ialcom ]\Ic.\l])in, merchant, of Albany; J. 
 W. Ho])kins, attorney, of \ ancouver, Washington ; W'. \V. lirown, attorney, of 
 Seattle; Thomas H. \\'atkins, member of the former firm of Erickson & Watkins, 
 Prineville, and Edgar X. White, saloonkeeper, of Portland. 
 
 The Eastern men whose names appear in the indictment are: F. W. Gil- 
 christ, Ralph Gilchrist, Patrick Culligan and James G. Macpherson, of Alpena, 
 Michigan ; Herman W. Stone, of P»enson. ^Minnesota, and C. A. ]\L Schlierholz. 
 of Little Rock. Arkansas. The latter is an ex-s])ecial agent of the (icneral Land 
 Office. 
 
 The charge U])on which these men have been indicted is conspiring to- 
 gether to defraud the Government of great tracts of rich timber land in Lake, 
 Crook and Klamath counties. According to the indictment the conspiracy is one 
 of many ramifications, but in its essential features is a counterpart of that upon 
 which the eight rich Wi.sconsin men w'ere arrested a short time previously. 
 
 The leaders in the alleged plot were the (iilchrists, Culligan, Macpherson 
 and Stone, who endeavored, and to a large extent succeeded, to come into the 
 ])ossession of thousands of acres of the public domain by procuring dupes in 
 Oregon who were willing to take up claims by making false entries with the un- 
 derstanding that they were turned over to their emj^loyers for a stipulated con- 
 sideration as soon as title should ])e secured. 
 
 Page 450 
 
With this plan for a working- basis, it is charged, the Eastern men operated 
 through representatives in Oregon with whom they were closely associated. Be- 
 sides the Alpena men and Stone, those who are said to have figured as principals 
 in the illegal transactions are the members of Elkins & Co.. of Prineville. and of 
 E. Dorgan & Co., of Alban". The other men whose names are mentioned, al- 
 though in many cases men of considerable capital and prominence, served in the 
 alleged scheme in subsidiary capacities, such as procuring men and women who 
 were to file on the claims and expediting in one way and another the fraudulent 
 entries. Over 400 claims, taken under the timber and stone Act of Congress, are 
 involved in the alleged plan to steal the wealth-producing forests of Uncle Sam. 
 Of this amount 150 are mentioned specifically in the indictment returned by the 
 grand jury through the efiforts of District Attorney Bristol and Special Inspector 
 Thomas B. Neuhausen. The total tract in the alleged theft covers the immense 
 area of approximately 201.600 acres. The land lies entirely within Lake, Klam- 
 ath and Crook counties, and borders on the headwaters of the Deschutes River. 
 The description of the claims cited in the indictment covers six large typewritten 
 pages. The territory which the big land sharks are accused of trying to gobble 
 up in disregard of the Federal statutes, is one of the richest timber sections of 
 Oregon. Nearly the entire area is covered with the most excellent yellow pine 
 timber. Placing the low estimate of 2.000.000 feet to the quarter section, the land 
 would be worth at least $2000 a claim, or $800,000 for the land involved. The 
 value is probably close to $1,000,000. 
 
 F W. Gilchrist and Ralph Gilchrist are said to be in the millionaire class. 
 Patrick Culligan is worth about $600,000, and James G. Macpherson is also a 
 man of means. Elkins & Co., charged with being closely allied with them in 
 the conspiracy, are men well known throughout the entire state. The firm's 
 business is money lending and general financial business. The company is said 
 to have put up large amounts of money and to have otherwise assisted in the plot. 
 
 xA-lmond C. Palmer, who is among the men said to have been brought with- 
 in the toils, was formerly United States Commissioner at Prineville. He is 
 accused of using his position to assist in the acceptance of fraudulent proofs and 
 illegal filing of claims. He had trouble with the Federal authorities upon a 
 previous occasion, but was acquitted. Judge M. E. Brink, of Prineville, Oregon, 
 is accused of using his power of attorney in the same illegitimate way, as is also 
 J. W. Hopkins, of Vancouver, Washington, and W. W. Brown, of Seattle. 
 
 Dorgan & Co., of Albany, who are included in the list of principals to 
 the dealings, is a firm of timber cruisers and locators. John J. Collins, who was 
 subpoenaed as a witness in connection with the case, refused to produce the books 
 of the firm in accordance with the order of the court, and as a consequence was 
 confined in the Multnomah County jail for a period of four months upon order of 
 Judge Wolverton. It is believed by the government representatives that Collins 
 received good pay for his action from the other men who were indicted, as it is 
 supposed that the records of the firm contain incriminating evidence in connection 
 with the present charges. 
 
 All of the Eastern men involved have paid repeated visits to Oregon during 
 the past few years, and it is believed that upon each occasion they acquired title 
 to a number of the fraudulent claims. Sometimes, it is said, one would come, 
 sometimes more, but each visit is alleged to. have been in connection with the pro- 
 ceedings for which they now stand indicted. It is said that persons were secured 
 in large numbers to assist in the operations by filing upon the claims. It is al- 
 leged that they were taken to the land as many as 20 at a time, and that im- 
 mediately upon receiving title from the Government, they transferred it to the 
 men who were engineering the deal, in each case taking payment far below the 
 true value of the land. These ]:)ersons, for the most part, came from Albany. 
 Shaniko, Morrow, Prineville and ^Mitchell. They figured as witnesses in the 
 grand jury proceedings, between 100 and 200 of whom being called before that 
 body. 
 
So (lecp laid was the allc_L;"0(l ])lt)l that the promoters succeeded in mis- 
 representinj^ the true facts in the case to such an extent to the Oreg;on Representa- 
 tives in Conoress that they succeeded in e^etting them to urge the department at 
 Washington to exjiccUte the fraudulent claims. ]»y presenting false pnxifs, en- 
 tries, oaths and affidavits in rcs])ect to the timber and stone entries "to Senator 
 I'ulton and Congressman j. Xcwton Williamson, the indictment alleges that 
 these men were led to in-ge that the claims he expedited. These claims were rep- 
 resented as being in every way genuine, whereas it is now charged they were illegal 
 and untrue in every particular, and were being ])rocurcd solely in the interest of 
 the eleven men at the head of the operations. 
 
 The following letter is included as a portion of the indictment: 
 
 Washington, D. C, IMarcli 11. 1904. 
 Hon. William A. Kicliaids. Conunissionor of tlio (i(MUMal T^and OfTli-c, 
 Washington, D. C. 
 Sir — I onoloso you herewith a number of aflidavits of entrvmen under the timber 
 and stone act. These gentlemen are all residents of Albany, Or., I think. Most of them 
 1 am personally acquainted with and I am confident they would not engage in any corrupt 
 practices in order to secure timl)er claims. Mr. Cusick. the first party mentioned, is a 
 banker of Albany. Or., and the others are prominent l)usiness men, as a rule. 
 
 I have heretofore written you about this situation. It seems to me that a great 
 injustice is being done these men, for they entered the land, I have no doubt, in perfect 
 good faith. They have paid their money and complied with the law in every respect. 
 I trust, therefore, that your department will be able to dispose of these cases at an 
 early date and direct the patents to issue. Very respectfully, 
 
 C. W. FULTON. 
 
 It is claimed that the foregoing letter referred to the proofs upon a num- 
 ber of the fraudulent claims. The Mr. Cusick referred to is a prominent Albany 
 banker. 
 
 Congressman Williamson also addressed the following letter to the Land 
 Department in behalf of the fraudulent entries: 
 
 Washington, D. C, April 2, 1904. 
 Hon. William Richards, Commissioner of the 0-eneral Laud Office, 
 Washington, D. C. 
 Sir — I today forward you under separate cover, as many as 50 affidavits concerning 
 the timber and stone claims now held up by the department in Lake, Crook and Klamath 
 Counties in Oregon. I also inclose herewith a letter from Hon. M. E. Brink, of Prineville, 
 Or., bearing upon the same question. 
 
 I will again add my earnest desire that these claims shall proceed at once to 
 patent. Very truly yours. 
 
 J. N. WILLIAMSON. 
 
 The following shows convictions in land fraud cases and present status 
 of the cases : 
 
 Henry Meldrum indicted April 2, 1904, for forgery in connection with surveying 
 contracts, on November 17, 1904, sentenced 1,080 days at McNeil's Island and fined $5,250 
 and costs; serving sentence. 
 
 S. A. D. Puter, indicted March 17, 1904, for conspiracy to defraud Government, 
 on December 6, 1904, sentenced to two years in County Jail and fined $7,500; served 
 portion of sentence and pardoned by President, December 31, 1907. 
 
 Horace G. McKinley, indicted March 17, 1904, for conspiracy to defraud Govern- 
 ment, on December 6, 1904; returned from Manchuria, sentenced on February 28, 1908 to 
 two years in the Multnomah County jail and fine of $7,500. 
 
 Dan W. Tarpley, indicted March 17, 1904, for conspiracy to defraud Government, 
 on December 6. 1904; not sentenced. 
 
 Emma L. Watson, indicted March 17, 1904, for conspiracy- to defraud Government, 
 on December 6, 1904; not sentenced. 
 
 Frank H. Walgamot, indicted March 17, 1904, for conspiracy to defraud Govern- 
 ment; pleaded guilty; not sentenced. 
 
 John H. Mitchell, indicted February ], 1905, for receiving compensation for 
 service before Department while United States Senator, on July 3, 1905, sentenced to si.\ 
 months in County Jail and fined $1,000; dead. 
 
 John N. Williamson, indicted February 11, 1905, for conspiracy to suborn perjury, 
 on September 27, 1905, sentenced to 10 months in County Jail and fined .$500; new trial 
 granted. 
 
 Page i52 
 
"The Grand Old Man"— Ethan Allen Hitchcock, ex-Secretary of the Interior, who earned the 
 
 ill-will of the grafters by his firm stand on public land questions 
 
Dr. Van Gosner. indicted Ft'hriiary 11, HM)"), for conspiracy to suborn perjury, 
 on i^epteniVior 27. 1905. sentenced lo five niontlis in County Jail and fined .lil.OOO; served 
 sentence and paid fine. 
 
 Marion K. Hijjgs, indicted Keliruarv 11, 19(15, for cons])iracy to suborn perjury, on 
 September '_'". 19(15, sentenced to H* nioiitlis in County .lail and fined .$500; served 
 sentence. 
 
 Willard N. .Jones, iiidicti'd yi'|)tenil)i'r 'J, 19(t5, tor ronspirjicy to defraud Govern- 
 ment, on October 14, 1905, sentenced to one year at McNeil's Island ;iiid fined $2,000; 
 on appeal. 
 
 Tliaddeus S. Potter, indicted September 2, 1905, for conspiracy to defraud Govern- 
 ment, on ()('t(d)er 1-1, 1905, sentenced to si.\ months in County .lail and fined .$500; 
 ou appeal. 
 
 Henry W. Miller, indicted .I;niuary Ijl. 1905, for consjtiracy to suborn i)erjury. 
 pleaded guilty, sentenceil to one year at McNeil's Island; served sentence. 
 
 Frank K. Kincart, indicted .January 31, 1905, for conspiracy to suborn perjury, 
 pb^aded jruilty. sentenced to one year at McNeil's Island; served sentence. 
 
 Ciiarles Xickell. indicted .lanuary 31. 1905, for conspiracy to suborn ])erjury. ou 
 .July 27. 1900. sentenced to 13 months at McNeil's Island; on appeal. 
 
 Martin G. Iloge. indicted for cons|)iracy to suborn perjury, on .luly 27, 1906, sen- 
 tenced to four months in County .Jail and fined .$500; served sentence. 
 
 Hamilton H. Hendricks, indicted February S, 1905, f(»r subornation of ])erjurv. on 
 August 4, 190(5; to be sentenced. 
 
 Charles A. Watson, indicted on April S, 1905, for perjury, on August 8, 190G; sen- 
 tence suspended. 
 
 Coe D. Barnard, indicted April S. 1905, for perjury, on August 11, 1906, sentenced 
 to two years at McNeil's Island and fined $2,000; on appeal. 
 
 C. B. Zachary, indicted April 8, 1905, for ])erjury, on August 17. 1906; not sentenced. 
 'Franklin Pierce Mays, indicted February 13. 1905. for conspiracy, on September 13. 
 1906, sentenced to four months in County .lail and fined $10,000; on appeal. 
 
 Willard N. .Jones, indicted February 13. 1905. for conspiracy, on September 13. 1906, 
 sentenced to eight months in (A)unty .Jail and fined $2,000; on appeal. 
 
 George Sorenson, indicted on February 13, 1905, for conspiracy, on September 13, 
 1906, not sentenced. 
 
 Winlock W. Steiwer, indicted February 10, 1905, for cons])iracy, pleaded guilty 
 .lanuary 22, 1908; not sentenced. 
 
 Hamilton H. Hendricks, indicted Febiuarv 10. 1905. pleaded guilty .lanuary 22. 
 1908; not sentenced 
 
 Clarence B. Zachary. indicted Febru;ny 10. 1905, pleaded guilty .January 22, 1908; 
 not sentenced. 
 
 .John H. Hall, indicted February 10. 1905. for conspiracy, on February 8, 1908, 
 not sentenced. 
 
 Embryo matches on property of the 
 
 Diamond Match Company 
 
 Butte County 
 
 California 
 
 Page 454 
 
Chapter XXIX 
 
 A fezv argiiiiiciits in support of President Roose-relt's forestry poliev — //or*.' the 
 creation of reserz'es has been the salivtion of the timber indnstry in this 
 country — Views of those well-informed indicate that it zvas a zcise plan 
 to place the control of the forests in the general Government, and that the 
 only protest comes from selfish interests — Hozv the Denver Public Lands 
 Convention had the tables turned in the effort to discredit the President's 
 policies. 
 
 This is the forest primeval. The mnnnuring pines and the hemlocks, 
 Bearded with moss, and in garments green, indistinct in the twilight, 
 Stand like Druids of old, with voices sad and prophetic. 
 
 — From Longfellow's "Evangeline." 
 
 THE chief opposition to the Government's forestry pohcy comes from a source 
 inspired by selfish motives. In the efiforts that are being made to have the 
 
 reserves, or the best portions of them, restored to pubUc entry, there exists 
 a powerful reminder of a greedy herd feasting its eyes upon a farmer's inclosed 
 cornfield, whose waving plumes excites a beastly appetite that can only be satis- 
 fied by the sacrifice of the crop intended for human comfort. 
 
 That self-interest is the basis of nearly all this agitation against the crea- 
 tion of forest reservations, is evidenced by the fact that none of its advocates have 
 yet advanced a single argument that appeals to common sense. They have in- 
 dulged in glittering generalities, and purposely ignored every phase of reason 
 and practically all elements of truth in their representations pertaining to the ac- 
 tual situation. 
 
 No person imbued with a g'rain of intelligence can voice any honest protest 
 against the creation of the reserves in accordance with President Roosevelt'.- 
 well-defined plans ; no one possessed of a clear and unbiased knowledge of con- 
 ditions prevailing in the mountainous regions of the West is in any position to 
 raise sincere objections to a measure that is founded upon the lofty principle of 
 preserving the forests for the benefit of future generations, and for the purpose 
 of protecting the watersheds and conserving the rainfall, that the people of the 
 present age may not suffer. 
 
 The greater portion of my life has been passed among the mountains and 
 forests of the West, and for upward of 25 years I have been actively engaged in 
 exploration of this vast domain. This has aftorded ample opportunity for stitdy- 
 ing conditions existing in the forests, and I have no hesitancy in asserting that 
 had not the President interfered when he did in October, 1902. and put a stop to 
 the carnival of looting then in progress by making provisional suspension of the 
 afifected districts for forest reserve purposes, it would have resulted in the en- 
 forced consideration of problems the solvition of which no prophet could have 
 foretold, and would have become merely a question of time measured by a short 
 span of years when the Sierra Nevada and Cascade ranges of mountains would 
 have become shorn of their magnificent heritage, and the broad valleys of Cali- 
 fornia and Oregon left to the mercy of the elements. 
 
 The winter of 1906-7 gave timely notice that the wholesale devastation 
 that has been in progress for more than a quarer of a century must reap its own 
 harvest of perpetual injury to mankind. The principal watercourses of the inter- 
 ior of the two states named, overflowed their banks as they had never done be- 
 fore, notwithstanding the scientific methods of restraint that had been adopted 
 
 Page i55 
 
from time to time to meet just such emergencies. \'ast inland seas wrought their 
 consequent mark u\X)x\ the prosperity of rich communities, and that was only the 
 warning note. 
 
 History is constantly repeating itself, and the history of the tremendous 
 floods that have (Kcurred again and again throughout the lower Mississippi \'al- 
 ley, is the indellihle record of the crime of those responsible for denuding the 
 headwaters of the great stream of its standing timber ; and the history of this 
 shameful condition shall be the history of similar conditions that the next gene- 
 ration will have to face in all the principal valleys of the West, if those who are 
 advocating the abolition of Governmental control over the public forests are per- 
 mitted to have full sway. 
 
 Already the rainfall in the arid regions east of the ranges in {jucstion has 
 been visibly affected by the loss of trees; already the writing is on the wall for 
 all who run to read if the hands of commercial greed are not stayed. 
 
 In a speech delivered at Portland, Oregon, during the Lewis and Clark 
 Exposition of 1905, James J. Hill, the great railway magnate — and incidentally 
 heavily interested in 'VX'estern timber lands — declared that one acre of timber land 
 possessed more intrinsic value to a railway corporation than forty acres of agri- 
 cultural land. 
 
 Why? 
 
 Because, 25 years hence, James J. Hill will have been gathered to his 
 fathers, and he had no thought beyond the grave. 
 
 It is preposterous to believe that he was giving expression to an honest 
 opinion, for the reason that the 40 acres of agricultural land will be producing 
 constant revenues for his transportation lines ages after Mr. Hill is dead and for- 
 gotten — long after 40.000 acres of timber land has ceased to yield any profit for 
 his roads if the policy shall henceforth be to throw down the bars for the cattle 
 to get in and devour the crop. 
 
 Seemingly, this antagonistic feeling against reserves is inspired by the old 
 hoggish instinct that has stood as a barrier against the proper development of 
 the West since the earliest period of its attempted settlement. It is the ghost of 
 the desire which characterized the action of the hydraulic miners in the early days 
 of California to ruin the navigable streams of that state at the expense of the gen- 
 eral public, that their greed for gold might be satiated; the same old phantom of 
 selfishness that has haunted the action of sheep and cattlemen on the Great Plain.- 
 to acquire control of all that portion of the universe that tlieir herds might multi- 
 ply upon tne ruins of individual rights; a relic of the warfare that has raged for 
 centuries throughout the civilized globe in the struggle to make public interest 
 subservient to private gain. 
 
 Dr. Harry Lane, the Mayor of Portland, Oregon, is an enthusiastic advo- 
 cate of the idea that the forests should be under Governmental control, and ad- 
 vances many potent reasons for his views upon the subject. 
 
 He was born in Oregon, and for more than half a century has made a 
 close analytical study of the forestry question. On account of his knowledge in 
 this respect, his opinions carry much weight, and he is regarded generally through- 
 out the Northwest as an authority in the premises. Trade journals devoted to 
 timber interests have eagerly sought contributions from his pen bearing upon 
 the various problems incident to the situation, and his remarks in relation thereto 
 before civic bodies has been productive of a wide range of intelligent thought. In 
 discussing the matter recently with the writer, he said : 
 
 "I am decidedly in favor of the plan for the Government to have absolute 
 control over the forests of this country. It is not a new idea, by any means, as 
 the wisdom of such a measure has been long recognized in Germany, Sweden and 
 Norway, where the people of the present age are sawing up lumber from trees 
 that were planted by their ancestors a hundred years previously. 
 
 "I do not pretend to be familiar with conditions existing anywhere beyond 
 the borders of the Pacific Northwest, but here I have lived practically all my life. 
 
 Page 456 
 
%JrO^ 
 
 CKi.^^- 
 
 "^ *;p .f'-'^^ 
 
 
 Dr. Harry Lane, the reform Mayor of Portland, Oregon, who is a strong advocate of the 
 Government's forestry policy, and probably the best posted person 
 
 in the Northwest on the subject 
 
and it has been one of the keene>t i»leasure> of my existence to analyze the various 
 feature^ entering into the forestry (juestion. It is certainl\- an interesting^- study, 
 and i)rohahly appeals to the lover of nature with a jj^reater <lej4Tee of harmony than 
 an\ other topic of discussion. 
 
 '■That the forests should not he permitted to fall into the hands of private 
 individuals, is a doctrine tiiat even the aboriii^ines were prom])t to recog^nize. and 
 in their trii)al relations it was one of their fundamental principles, down to with- 
 in a few decades ago. to exercise virtually the same kind of supervision over the 
 forests, in their crude way. that the (iovcrnment is now scckini^ to establish in a 
 more enli!.,^htened fonu. 
 
 "1 have ])ersonal knowledj^e that the Indians of California. Orej^on, W'ash- 
 inj^ton and the I'.ritish Possessions were accustomed to extend the most careful 
 guardianship over the forests, and until the white man caiue with his ideas of 
 commercial greed, and destroyed the savage instincts of protecti(jn. there had 
 never been a great forest fire of any serious consequence in all this vast wilder- 
 ness, by any act of human hands, and there is no doubt that conflagrations of this 
 character wreak more damage to standing timber than all the other causes com- 
 bined. "In the I'allfi it had been the custom of the redmen since their earliest au- 
 thentic history, to burn out the dry grass and light undergrowth in order to pro- 
 vide fresh range for the following season, and as a measure of exi)ediency in 
 clearing unnecessary obstructions to a full view of wild game, or perhaps also 
 as a stroke of precaution against ambush by enemies. In consequence, the under- 
 brush never attained any important headway, and whatever fires occurred under 
 these circumstances went through the forests like a flash, without damaging the 
 larger trees to any appreciable extent. 
 
 "Frequently, in ]:)assing through heavy bodies of timber even now. the 
 casual observer is struck by the appearance of some giant of the forest with 
 charred trunk, and attributes the fact to the pranks of lightning, but in reality it 
 is merely an isolated instance where the pitch and abnormal quantity of bark has 
 contributed an extra attraction to the fiames. although the main body of the tree 
 might have sufifered an insignificant amount of damage by the operation, so 
 swiftly had been the course of the flames. 
 
 "The practice of setting out these fires at that period of the year, and 
 causing the atmos])here to assume a murky hue under the stimulus of heavy vol- 
 umes of smoke from all directions, has clothed the season with the poetic des- 
 ignation of 'Indian Summer." and this name has adhered to it through all time, 
 although, as a matter of fact, civilization is responsible for the density of the un- 
 dergrowth in our time, and civilization must answer for the sin of forestry de- 
 struction by the great fires of the jjresent age. 
 
 "It is usually f|uite difticult to trace the real blame for starting them. Huge 
 rocks have been known by forest rangers to become dislodged from mountain 
 sides, and i)lunging down deep ravines as they pursue their maddening course, 
 bounding from crag to crag, have thrown flinty sparks that ignited the accumula- 
 tion of decaying leaves and decomposed vegetation ; or perhaps the neglected em- 
 bers from the campfire of some careless hunter has furnished its share of de- 
 vastation, but the result is the same, and we must delve deeper than the surface for 
 the real cause, and when we do, it will be found to exist in the general tendency to 
 permit the undergrowth to attain too much headway. 
 
 "It has come to my own knowledge, through Sam Heiple. a well-known 
 frontiersman of this state, that a destructive forest fire originated by a globule of 
 pitch from a fir tree concentrating the sun's rays in a manner productive of the 
 cfl'ects of a burning glass, and the intense heat thus generated, communicating 
 with the dry leaves and miscellaneous dead foliage, caused a conflagration that 
 wrought immense damage before expending its fury. 
 
 "All this demonstrates the extreme necessity of taking the control of the 
 forests away from private ownership, and placing it in the hands of some central 
 power where aboriginal ideas may prevail in a modernized form. 
 
 Page i58 
 
"There is no doubt, in my mind, as to the probability that this region. has 
 retimbered itself within the past thousand years or so. Every evidence points in 
 the direction of the fact that oak predominated here centuries ago. Fir timber is 
 an interloper, and descended from the remote mountain peaks step bv stej). until 
 it had supplanted the sturdy oak, which in the cycle of ages had probably gaine<l 
 the ascendency over some other variety of tree growth. It is an actual fact that 
 this transformation has been occurring in my own lifetime, because I can remem- 
 ber, as a boy, when oak timber disputed with the invading hr the supremacy (jf 
 the Willamette valley. 
 
 "I think the soil eventual])- becomes exhausted for a continuous kind of 
 timber, just as it does with one sort of farm product. It is nature's way of en- 
 couraging a rotation of crops, and is not necessarih' a question of the survival 
 of the fittest, any more than barley is superior to other cereal products." 
 
 "\lr. Puter, the author of this book, is probably as well-versed in forestry 
 matters, from a practical standpoint, as any man in the West. He was born and 
 reared amidst the redwoods of California, and has been engaged in handling 
 timber lands nearly all his life, his judgment as to value of standing timber being- 
 recognized by buyers all over the country, as his recitals show. I have discussed 
 frequently with him tne subject of the Government's forestry policy as outlined 
 by President Roosevelt, and he is firm of the opinion that the ideas embodied 
 therein are strictly conformable to the demands of logic. 
 
 "It may be bad for the land sharks," declared Mr. Puter in the course of 
 one of our conversations, "but nobody can safely deny that it is highly beneficial 
 to the general public, on account of the adequate protection it affords to standing 
 timber, thus operating as a permanent safeguard to the watersheds and insuring 
 a uniform rainfall. 
 
 "The headwaters of nearly every stream in California, Oregon and Wash- 
 ington — which may properly be classed as the district embracing the more im- 
 portant lumber-producing forests of the West — are invariably heavily timbered, 
 and it strikes me that it is nature's way of holding the floods in check. The ground 
 is shaded by the dense foliage, so that the snow is not only stored by the opera- 
 tion, but on account of not coming in direct contact with the sun's rays, is permit- 
 ted to melt away gradually; whereas, if there was too much exposure of this 
 character, it would have a tendency to cause an immediate dissolution of the 
 snow, which would therefore rush down the streams in the form of torrents, and 
 floods and irreparable damage to the lower country would be the inevitable con- 
 sequence. 
 
 "In addition to these benefits, the Government can derive a profitable and 
 perpetual income from its holdings by marketing the 'ripened' or merchantable 
 lumber in the reserves at a reasonable price, and I cannot see why such a plan 
 should not prove acceptable to any fair-minded person. 
 
 "Another strong point that must be taken into consideration lies in the 
 fact that the establishment of reserves will prevent, to a large degree, the dis- 
 astrous forest fires that have swept over the best portions of the timbered regions 
 at frequent intervals, and threatened to wipe out everything in their pathway. The 
 staff' of rangers, wardens and other guardians maintained b}- the Government and 
 states will form the nucleus for a well-organized fire department, and with well- 
 defined trails, telephones, signal stations and other modern appliances,- they will 
 be in a position to put out promptly any incipient blaze ; and it has been my ex- 
 perience that great fires that have raged for days, destroying immense quantities 
 of valuable timber, could have been suppres.sed in their first stages with a wet 
 blanket. As soon as they obtain headway, however, no power on earth can stay 
 them, and they must, of necessity, run their course. 
 
 "I find, also, that reserves are beneficial to owners of adjacent property in- 
 asmuch as they afford them excellent protecton against fires, and I think, under the 
 circumstances, that these outside owners should be taxed more in proporion on 
 
 Page 459 
 
that account. Anyhow, they ouj^ht in some way to help hear tlie extra hurden 
 incident to the maintenance of the reserves because the hitter certainly give their 
 holdings an added value. 
 
 "Tile period covered by the months. of July, August, September and Oc- 
 tober embraces the most dangerous season in regard to forest fires. 1 would 
 suggest, therefore, thai during this spell additional rangers should be empk)yed. 
 There is not much danger at any other time of the year, and very few men are 
 needed. Through the danger period referred to, patrols should be posted all 
 around the reserve, at distances of ten miles apart, while on the high peaks 
 within the confines of the reserve, at a distance say of 20 miles apart, there 
 should be signal stations, arranged .so that the location of a fire could be deter- 
 mined instantaneously, as too much importance cannot be attached to the matter 
 of (juick action whenever a fire is discovered." 
 
 The system pursued by the Forestry Service in the management of the 
 National Reservations contemplates the division of the forests of the country into 
 districts, constituted as folows : 
 
 District Xo. 1 — Montana, Northern Idaho, Northwestern Wyoming. 
 
 District No. 2 — South Dakota, Southeastern Montana, Eastern Wyoming, 
 Minnesota. Nebraska. Kansas, Colorado, Southeastern Utah. 
 
 District No. 3 — Southern Arizona, New Mexico, Oklahoma. 
 
 District No. 4 — Southern Idaho, Western Wyoming, Eastern Nevada. 
 Utah, Northern Arizona. 
 
 District No. 5 — California, Western Nevada. 
 
 District No. 6 — Washington, Oregon, Alaska. 
 
 The act of June 4, 1897, provides that "any mineral lands in any forest 
 reservation which have been or which may be show^n to be such, and subject to 
 entry under the existing mining laws of the United States and the rules and reg- 
 ulations applying thereto, shall continue to be subject to such location and entry," 
 notwithstanding the reservation. This makes mineral lands in the forest reserves 
 subject to location and entry under the general mining laws in the usual manner. 
 
 The act also provides that, "The Secretary of the Interior may permit, 
 under regulations to be prescribed by him, the use of timber and stone found 
 upon such reservations, free of charge, by bona fide settlers, miners, residents, 
 and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, 
 and other domestic purposes, as may be needed by such persons for such purposes ; 
 such timber to be used within the State or Territory, respectively, where such 
 reservations may be located." 
 
 In June, 1907, a Public Lands Convention was held in Denver, and was 
 attended by delegates from every public land state in the Union, Colorado being 
 especially well represented, as it was apparent that the representatives from that 
 state were axious to control the convention, and force through a set of resolutions 
 calculated to create the impression that the whole country was up in arms against 
 the President's forestry policy. The schemers failed lamentably in this undertak- 
 ing, however, those from outside states being sufficiently aggressive to keep down 
 any expression of extremely hostile sentiment, and the publicity given the pro- 
 ceedings through the press indicated that the President had a sufficient number of 
 adherents in attendance to thwart all attempts to cast discredit upon his policies. 
 
 This convention was the medium for a wade range of discussion relative 
 to the respective merits of the various issues involved, and called forth opinions 
 from every section, the consensus of which was to sustain the President's policies 
 upon public land questions, and to condemn the action of the Colorado delegation 
 in seeking to secure the adoption of expressions from the general body that re- 
 flected nothing more than local feelings of prejudice. On the last day of this 
 convention, a letter was read by Secretary of the Interior James R. Garfield, from 
 President Roosevelt, wherein was reflected the latter's views upon the questions 
 coming before the body. The President's letter follows : 
 
 Page 460 
 
There has been placed in my hands a paper purporting to be issued by the pro- 
 gramme committee of the Public Lands Convention to be held at Denver. The preliminary 
 discussion of the general subject in this paper contains several statements to which I 
 desire to call jour especial attention, as they not merely misrepresent the attitude of the 
 Administration, but portray that attitude as the direct reverse of what it really is. 
 
 The first and most important of these misstatements is to the effect that ther 
 has been a change in the public land policy of the Government, which change will result 
 in depriving the Western States of the right to settle the public lands with American 
 citizens. This allegation directly reverses the actual facts. The course the Government 
 is now pursuing is to carry out the traditional home-making policy of the United States 
 as to its public lands. The men most interested in opposing the action of the Administra- 
 tion are those who are endeavoring to upset the traditional course of the Government, and 
 are doing all in their power to turn the public lands over to be exploited by rich men 
 and powerful corporations whose interests are hostile to those of the homemakers. 
 
 The policy of the present Administration has steadily been, and is now and will be, 
 to promote and foster actual settling, actual home-making on the public lands in every 
 possible way. 
 
 We have incurred the violent hostility of the individuals and corporations seeking 
 by fraud and sometimes by violence, to acquire and monopolize great tracts of the public 
 domain to the exclusion of settlers. The beneficiaries and instigators of, or participators 
 in, the frauds, of course, , disapprove the acts of the Administration. But if the Adminis- 
 tration's policy is upset, the one man who would be irreparably injured would be the 
 settler, the homemaker, the man of small means who has taken up a farm which he 
 intends himself to work, and on the proceeds he intends to support and bring up his 
 family. 
 
 Lastly, the coal lands that were withdrawn from settlement to enable Congress 
 to consider a law to protect public interests against the coal monopolies, by leasing the 
 rights to mine the coal. Unfortunately, Congress failed to act in the matter and most of the 
 coal lands have been already restored to entry, while the remainder are being restored as 
 rapidly as the necessary examinations in the field can be made. 
 
 As a matter of actual fact, most of the coal lands have hitherto been taken under 
 some forms of entry other than those of the coal entry laws, and in many cases by actual 
 fraud. The Administration will certainly renew its efforts to get Congress to pass a law 
 which will do away with the fraud. 
 
 The writers of this programme state that the plan of Government control of the 
 range submitted to Congress last winter involved the perpetual ownership of the lands by 
 the Government. This statement is not in accord with the facts. This proposed law 
 specifically provides that the range land under Government control should be open to 
 entry or location under all of the public land laws and provided in every way for the protec- 
 tion of the rights of the settler. As a matter of fact, one of the prime reasons for advo- 
 cating its passage is because if enacted it will safeguard the rights of the homemaker on 
 the public range far more effectively than they are now safeguarded, and would make 
 settlement easier and safer than it can possibly be under present conditions. 
 Administration, but portray that attitude as the direct reverse of what it really is. 
 
 As to the forest reserves, their creation has damaged just one class; the managers 
 and owners of great lumber companies, which by illegal, fraudulent or unfair methods, 
 have desired to get possession of the valuable timber of the public domain, to skin the 
 land, and to abandon it when impoverished well nigh to the point of worthlessness. 
 
 It has been alleged that the Government intends to make the users of water for 
 irrigation pay for their water. There has never been any such intention, and no such 
 course will ever be followed while the present Administration is in existence. But owners 
 of water power within National forests should certainly pay something for the valuable 
 services rendered to them by the Government. They are not being charged and cannot 
 be charged for the water, so far as the National Government is conecrned, but for the 
 protection to their watersheds which they themselves would have to bear the cost of 
 supplying if the Government did not supply it for them. 
 
 The last day of the proceedings at the Denver convention was also marked 
 by the speech of Chief Forester Gifford Pinchot, wherein the head of the Forestry 
 Service of the Government set forth some salient facts in regard to the conduct 
 of his bureau. In the course of his remarks, Mr. Pinchot said: 
 
 ' ' The National forest policy, as we now have it, began when the people of the 
 United States themselves began to realize that the timber was being cut faster than it was 
 being reproduced. The American citizen uses wood more freely and depends upon it for 
 his comfort and well-being more directly than the citizen of any other nation. Ours is a 
 civilization of wood as much as it is of coal and steel. We are using every year three 
 times as much wood from our forests as they are growing. A great timber famine is not 
 only in sight, but it is approaching with bewildering speed. 
 
 Page 461 
 
"After the final forests (called forest reserves) were created under the law of 
 March 3, 1891, it began to appear that a few rich men were getting hold of vast areas of 
 public timber lands often by methods which I will not stop to describe. These men saw 
 not only that there was going to be a great shortage of timber, but also that when the 
 shortage came it would be enormously profitable for them to control what timber there was 
 left. Their reasoning was good, and they went vigorously to carry it into effect. But 
 President Roosevelt was awakened to the situation. He saw that it would be vastly better 
 to have some of the timber in the Government's hands for the benefit of all the people, 
 rather than have it all in the hands of a few great owners strictly for their own benefit. 
 Action was needed. He acted, and created many million acres of National forests. 
 
 "In view of this action of the President, taken to prevent monopoly and conse- 
 quent excessive price of lumber, it is curious to find some good men honestly convinced 
 that the creation of National forests is a bad thing, because, they say, it is raising the 
 price of lumber to the consumer. It is the general scarcity of timber, not the National 
 forests, that is raising the price of lumber to the consumer, and this is proved by the fact 
 that prices have risen far more rapidly in the East, where there are no National forests, 
 than in the West, where there are many. 
 
 "Another very powerful reason stands behind our forest policy. It is needed to 
 protect the watersheds of streams used for irrigation, for domestic water and manufactur- 
 ing supply and for transportation. 
 
 ' ' It has often been asserted that the Government is trying to make money out 
 of the National forests. This is a profound mistake. The forest service is not in business 
 in the ordinary sense of the word. What it is trying to do, and trying hard, is to make the 
 National forests pay expenses by handling theme in a business-like way. 
 
 ' ' The returns from the sale of timber will in the end be very large. We can and 
 ■do give away large amounts of timber to the small man who is making his home, but there 
 is only one safe and clean way to dispose of timber to men who use considerable quantities 
 •of it in their business and that is by auction to the highest bidder; then there can be no 
 •question of favoritism or graft. 
 
 "The case of the range in the National forests is wholly different. The charge for 
 range amounts to but a small fraction of its actual market value. The range, however, is 
 not a transportable commodity like timber. It must be used by the people who live reason- 
 ably nearby and it has been in use by them. 
 
 "The effect of range protection in the national forests is already strikingly evident. 
 In many localities it has been possible to increase the number of stock carried because of 
 marked improvements of the range under more reasonable use. Very much of the range in 
 the National forests was badly overgrazed. It is reco^•ering, on the whole, with most grati- 
 fying rapidity. 
 
 "The protection of the forest and the protection of the range by wise use are two 
 divisions of a problem vastly larger and more important than either. This is the problem 
 of the conservatism of all our National resources. This is the basic problem, and it is a 
 very practical and definite one. If we conserve our natural resources we shall prosper. If 
 we destroy them, no amount of success in any other direction will keep us prosperous. It 
 is the question both of the present and the future.'' 
 
 Discussing- this feature of the situation, the Portland Oreg'onian, in an 
 editorial published June 21, 1907, under the caption of "The People and the 
 Forests," and evidently written by some person in full touch with the facts, had 
 this to say : 
 
 Control and disposition of the public lands is one of the most important problems 
 now before the American Government, for we have reached a period in our development 
 when control of natural products vitally affects the personal and business interests of all 
 the people. That the public land should be given free to the people has long been one of 
 our most cherished principles. This principle was based u^jon the theory that free land 
 meant cheap homes and consequently many homebuilders. To the extent that free land, 
 or even cheap land, increases the number of home-owners who get their living from the land 
 they have thus acquired, the policy of giving away the public domain is a wise one and 
 has never been seriously questioned or attacked. But there are different kinds of pul)lie 
 land and different purposes for which ownership is desired. The public land policy was 
 framed at a time when the Great West meant the prairie region east of the Rocky Moun- 
 tains, where the settler could build his cabin, plow the sod, sow the grain and raise a crop 
 the second season, if not the first, after settlement. The expression ' ' public land ' ' con- 
 veyed a mental picture of land that could be tilled or that was suitable for home-building. 
 While it was then known in a general way that much of the public domain was timbered or 
 <?,ontained deposits of coal, the ultimate value of these natural products was not appreciated. 
 Heavily timbered laud was scarcely considered in forming the policy which contemplated 
 the giving away of the public domain to home-builders. 
 
 In recent years, however, we have come to realize the \alue of timber and coal 
 lands, und understand that purchasers of either do not seek the land with a view to building 
 
 Page 463 
 
homes thereon. We now perceive that tlie puVilic laml policy, as it applies to tillable land, 
 should be different from the policy that determines the disjiosition of timber and coal 
 lands. The man who acquires tillable land usually expects to go upon it and make it pro- 
 ductive. The man who acquires timber land hopes to sell it to some large corporation. The 
 corporation, founded by men who foresee a scarcity of timber, expects to hold the timber 
 hind until it has greatly enhanced in value. The wait may be ten. twenty-five or fifty 
 years, but the certainty of advancing value makes the purchase a safe speculative invest- 
 ment. Much of the timber land goes into the possession of corporations that do not desire 
 it for milling jiurposes. but expect to make a profit by reason of the future conditions of 
 supply and demand. Tillable land goes to the people — timber land to the capitalistic few 
 who expect to levy tribute upon tiie jieoplc wlio eventuall}- must buy the timber in the 
 form of lumber. 
 
 Out of this difference in the character and tiie purposes for which it is acquired 
 has grown the forest reserve policy, which contemplates the reservation of lands not suited 
 to homebuilding but which are either valuable for present growth of timber or may become 
 valuable when trees now young reach maturity. To prevent wanton destruction of timber, 
 young and old, and to retain ownership in the Government, is the end to be accomplished 
 by the forest reserve policy. At no time has the reserve policy contemplated the withhold- 
 ing of lands suited to settlemeut or the withholding of timber needed for the manufacture 
 of lumber. The forest reserve policy therefore includes neither the retarding of settlement 
 nor the hampering of the lumber industry. Incidentally, the forest reserve policy extends 
 to the regulation of grazing on a res(>rvation, the building of roads, cutting of timber, etc. 
 
 It would be easy to foresee that the forest reserve idea would meet strong opposi- 
 tion from those persons who wish to acquire timber lands and those who wish to graze their 
 cattle upon the ])ublic domain unrestricted. The capitalist with money to invest can see 
 no good in a forest reserve. The cattle owner who feels confident of getting his share of 
 the range, if left to his own devices entirely, has no word of commendation for a system 
 of regulation which guarantees to a weaker cattleman a just share of the public range. 
 One would expect, too, that the great majority of the people, who have no interest except 
 that possessed by every citizen, would favor the forest reserve system, for it proposes to 
 retain for them the vast wealth that is theirs. 
 
 That there has been strong opposition to the forest reserve idea is due in part to 
 the abuses which were permitted to grow up in it, chief among them the scripping evil, 
 which enabled large corporations to exchange their worthless lands for good and still retain 
 their good lands within a reserve. In a few instances some lauds may have been in- 
 cluded in a forest reserve which should have been omitted. This, with some inconvenience 
 in securing grazing permits, may have caused some opposition to the reserves. But, in the 
 main, the fight now being waged in the public lands convention at Denver against the 
 policy of conserving the public lands has its origin in the selfish desires of men who want 
 free timber or free range. The forest system undoubtedly has its faults, but its defects 
 are not serious enough to justify throwing down the lines of the reservations and permit- 
 ting all who wish to rush upon the last of the timber lands, seizing them in sections and 
 townships to hold until the needs of the people and the concentration of control shall en- 
 able the holders to dictate the price of lumber There are some indications of an effort 
 on the part of the timber interests to control the convention and determine its expressions 
 upon public land questions. If such a movement has been undertaken and should succeed, 
 the opinions voiced by the convention would have but little weight with the people. On 
 the contrary, it would tend to make them more than ever supporters of the policy which 
 is designed to retain for the people tue land that belongs to them. 
 
 The argument offered that the creation of a forest reserve withholds land from tax- 
 ation is a shallow one. If a timber syndicate can afford to buy a township of timber and 
 pay taxes on it for ten years in order to make a profit on the advance in value, cannot 
 the people afford to retain that same land and go without the taxes in order to realize the 
 profit on the advance in value? Wherein are the people gainers if they lose the large 
 profit represented by growing value, and gain the small amount of money paid in the form 
 of taxes? And more — wherein have the people profited if they sell the standing timber 
 to a speculator today and buy it back from him ten or twenty years hence at many times 
 the price he paid? If a sawmill proprietor needs logs for his mill, let him buy from the 
 people's supply of timber at prices tliat prevail today; but let him not buy the timber in 
 large tracts at present prices to hold until he can exact from the people a much larger 
 price because he controls the supply. 
 
 The forestry policy of the National Government, more popularly known as Presi- 
 dent Eoosevelt's forestry policy-, is all that stands in the way of ultimate annihilation of 
 the American forests, according to the arguments presented by Assistant Forester Sher- 
 rard, in an article appearing in the Agricultural Yearbook for 1906. 
 
 The forestry question has been argued pro and con for such a long time that its 
 main features are well understood, but the subject has never been discussed from a practi- 
 cal business standpoint more clearly than in the article in question. In his paper entitled 
 "National Forests and the Lumber Supply." Mr. Sherrard reviews briefly the history of 
 Eastern forests, showing that Maine and New York, once the great lumber centers of the 
 United States, long ago dropped out of sight as lumber producers when their forests were 
 
 Page 464 
 
James Rudolph Garfield, Secretary 
 of the Interior 
 
all luit (Icstrovcd. and now idixlncc luinln'i- I'ur litflr else tliaii wduiI |iii1|i. 'riic Imriliciini-ii 
 iiiovt'd over to the (in-at Lakt-s rcjiioii and tlicrr \vnni<;lit tlic same liaxuc tliat marked tluMr 
 projjross in tlio vir>;iii fori'sts of N'tw Kii;;laiid and .New ^'ork. Finally tlit» forests of the 
 lake rt'jtjion woro denuded of all tlieir desirable timber and the manufaetiirers scattered, 
 some to the Soutii which had lieen but little exploited 1") years ajjo, and others to the I'a- 
 oifie Coast. It was not until they reached the Coast that they encountered the Govern- 
 ment's forestry policy, and it lias only been within the last year or so that the lumber 
 manufacturers ha\'e found it necessary to jjo into reserves and buy u|i timber at a fair 
 stumpajie value. \'et the time is cotninji when the deniaml for reserved timber will assume 
 lar^e jiroportions. 
 
 But even before that time, it is arjjued by tlw writer that the reserves, or National 
 forests, as they are now called, will act as a regulator of the price of timber in the forest. 
 in that they will compcd the payment of a fair price for jirixate stumpajje durin^j the pres- 
 ent days of plenty on the Coast, and will act as a restraint ay.iinst exorbitant prices when 
 the timber in jtrivate ownership has larjjely disapjiearetl. All in all. the article presents a 
 number of forceful arfjuments. 
 
 The following extracts present the salient features: 
 
 ''The old process of exhaustinjj the sujjply of timber in a rejjion and then seeking 
 new fitdds is very nearly over. Already the industry is turning back on its tracks. A 
 quality of timber is eagerly sought in the Lake States which a few years ago was jiassed 
 over as utterly worthless, and certain sawmills have dej)ended for a part of their supply 
 ujion the recovery of logs which have sunk in the waterways in j)rocess of transjiortation. 
 In the South the whole pine region is being gone over in close search of the old fi(dd pine. 
 This inferior and once despised growth of timlier is now bought up at prices greatly in 
 excess of those once paid for the magnificent timber of the \irgin forests 
 
 "Great improvement in logging and sawmill machinery, signal success in reducing 
 the waste in manufacture, wonderful railroad extension, concentration, and systematic 
 organization of producers to reach the consumer most effectively through the markets, 
 have all combined to cheaj)en the cost of production and increase the profit in the lumber 
 business. Yet the price of lumber has never before been as high as in the year 1900. 
 This increased price is in s])ite of an increased production which it taxes the railroads to 
 transport. 
 
 "The price of stunipage is far more stable than that of lumber, and responds very 
 tardily to fiuctatious in the lumber market. The usual policy of disposing of Federal and 
 State timber for ))ractically nothing has acted powerfully, particularly in the West. ti> 
 keep the selling price of stunipage far below its legitimate value. Jt is not surprising that 
 it has always been impossible for the bulk of the owners of timber to have a broad view 
 of the lumber industry and close acquaintance with the lumber market, for most of the 
 cost of i>roducing lumber lies in logging and manufacture, and the margin of profit has 
 varied widely. The price of stunipage has always been artificially depressed, and has 
 lagged far behind the constantly increasing value of lumber. 
 
 "The timber and stone act provides for the purchase of public timberland at the 
 uniform price of .$2.50 per acre. The purpose of Congress in enacting this law was to 
 make it possible for settlers, miners, and other actual users of timber to satisfy their needs. 
 Becords of the General Land Office show that in 1904 over oo.OOO entries had been made 
 under this act, covering an area of nearly 8,000,000 acres. Probably 10,000,000 acres .f 
 carefully selected ])ublic timberland has by this time passed into the control of private 
 owners under this law alone. 
 
 "It is well known that most of the entries under this law have been made, indirectly, 
 by nonresidents for si)eculation. And the great bulk of the entries have almost immediate- 
 ly passed into the hands of timber .syndicates, with profit to the original entrymaii 
 amounting to no more than bare wages. Thus the law has reacted greatly to the disad 
 vantage of the very classes whom it was intended to help, and the bona fide settler and 
 miner and the small sawmill man have seen the public timber rapidly withdrawn and pass 
 into the hands of speculative syndicates. % 
 
 "The land laws, while they have provided for the rapid disjiosal of ])ulilic timlier- 
 lands, have tended strongly to the segregation of large holdings of timberland for specu- 
 lative ])urposes. 
 
 "Money receipts from the sale of timber for the fiscal year ended June 30, 1905. 
 were .$5tl.OOO. During the present fiscal year receipts from timber sold will proliably exceed 
 .$500,0(1(1, and contracts for the sale of timber, extending from one to five years, will reach 
 a value of over .$1,500,000. 
 
 "The money return which the Government realizes from these sales is in striking 
 contrast to that received from the sale of timberland under the land laws. Under the 
 tiniVjer and stone act timberland could be bought for .$2.50 jier acre, and under the lieu land 
 law it could be acquired in exchange for denuded and worthless land without money pay- 
 ment. Timber from the forests is now purchased by the thousand board feet, and payment 
 j.-^ made upon the actual scale of the logs when cut. The cut varies from 5(100 to 20,00(1 
 feet per acre, so that, at the comparativ(dy low stumjiage rate of $2.50 i)er thousand feet. 
 the Government receives from five to 20 times as nnicii for the timber as it received under 
 the timber and stone ;ict and retains tiic lan<l. To cite a single example: A sale of 
 
 Page 466 - 
 
12,000,000 feet of timber was recently made on a National forest in Wyoming, at the rate 
 of $5 per thonsand feet. The proceeds from the sale of the timber alone will be $60,000. 
 The timber averages 8000 feet per acre and covers 1500 acres. Had the sale been made 
 under the timber and stone law it would have yielded but $3750 for both timber and land. 
 "It might be argued that the Government is not in the lumber business and that 
 it sliould dispose of its remaining timberlands as rapidly as possible, leaving it to private 
 enterprise to exploit them. But public opinion is emphatically in favor of a more con- 
 servative use of what remains of the National forests than would be possible were they 
 turned over to lumber companies, whose sole concern would be their quick conversion into 
 cash. The Government has been forced into the lumber business solely that a supply of 
 forest products may be guaranteed to future generations. 
 
 "Probably 65 per cent of the total stand of merchantable timber within the forests 
 i.^ located on- the Pacific Coast, where for a long time the enormous supply of privately- 
 owned timber will satisfy most of the demand. This more accessible private timber sur- 
 rounded the forest as the meat of an apple surrounds the core. But this belt of private 
 timber has been entirely eaten away in many places, while in others it is 
 locked up for the purpose of speculation. The thing to remember, then, is that 
 this immense body of public timber is there as a great reserve against the time' 
 when private timberlands will be depleted, and for use as a weapon against monopoly. 
 Already, even on the Pacific Coast, actual operators, who are not speculating in timber, 
 but who, if they are to meet the demands of commerce, must have logs to supply their 
 mills, are turning to the National forests. 
 
 * ' The advantages in the purchase of timber from the National forests to the actual 
 operator, and especially to the sawmill man of small means, are man3^ There is no large 
 initial investment required in acquiring timberlands and no possibility of annoying litiga- 
 gation over defective title to lands. The jjurchaser is entirely relieved of taxes and the 
 cost of protection. The Government assumes the entire risk of loss by fire or other causes. 
 
 ' ' The first eif ect of National forests upon prices, particularly where there is still 
 a great deal of available timber, is to raise the price of stumi)age toward its intrinsic 
 value by withdrawing the excess supply of low-priced timber from the market. On the 
 other hand, as the supply of timber dwindles and values are forced upward by holding for 
 speculation, the effect of the forests will be to check advance in prices and make them 
 lower. 
 
 * ' In the Rocky Mountain states and territories the major part of the small re- 
 maining supply of timber is in the National forests, and here their beneficial effect upon 
 the lumber supply may be more plainly seen than on the Pacific Coast. The demand for 
 timber from the forests throughout this I'egion has come very generally from small saw- 
 mills which supply towns and ranches located off the railroads and from mines which use 
 the timber for their own development. 
 
 "From the forester's standpoint, mature timber should be cut in order to give the 
 small trees more light and a chance to grow and to make way for reproduction. From 
 the standpoint of National economy, the mature timber on the forests should be utilized as 
 needed for the development of the West, provided the local supply is not reduced l)elow 
 the point of safety. The whole weight of the movement in favor of National forests is 
 squarely against a reckless use of the timber resources, but it is emphatically in favor of 
 the legitimate use of timber. The points of vital importance are that the remaining supply 
 of timber must be used with the utmost economy and that in every case reproduction must 
 be absolutely assured. 
 
 "Far beyond the present influence of the National forests upon the lumber supply 
 will be their importance in the future. The United States is now facing a serious decrease 
 in the available supply of timber. That from the National forests will aid greatly to 
 bridge over the period of inevitable lack of mature timber which will last from the time 
 the old trees are gone until the young trees are large enough to take their places. The 
 definite. result, therefore, of the sale of timber from the forests will be to sustain the lum- 
 ber business, to maintain a steady range of timber values, and thus to lessen speculation, 
 and far more important still, to render possible the uninterrupted development of the 
 great industries dependent upon wood. ' ' 
 
 Ample provision has been made in the Act of June 11, 1906, for the acqui- 
 sition of title to any lands in forest reserves found to be agricultural in character. 
 It is provided that the Secretary of Agriculture may in his discretion, upon appli- 
 cation or otherwise, examine and ascertain as to the location and extent of land 
 within permanent or temporary forest reserves, except the following counties in 
 the State of California: Inyo, Tulare, Kern, San Luis Obispo, Santa Barbara. 
 Ventura. Los Angeles, San Bernardino, Orange, Riverside and San Diego, which 
 are chiefly valuable for agriculture, and which, in his opinion, may be occupied 
 for agricultural purposes without injury to the forest reserves, and which are not 
 needed for public purposes, and may list and describe the same by metes and 
 
 Page i67 
 
bounds, or otlK-rwise, and file the lists and descriptions with the Secretary of the 
 Interior, with the request that the said lands be opened to entry in accordance with 
 the provisions of the homestead laws and the aforesaid act. 
 
 l"])()n the filing- of any such list or description, the Secretary of the In- 
 terior shall declare the said lands open to homestead settlement and entry in tracts 
 not exceeding lOO acres in area and not exceding- one mile in length, at the ex]ii- 
 ration oi dO days from the filing of the list in the land office of the district within 
 which the lands are located, during which period the list or description shall be 
 prominently posted in the land office and advertised for a period of not less than 
 four weeks in some newspaper of general circulation published in the county in 
 which the lands are situated. 
 
 Patent may be obtained within five years from the date of settlement by 
 the entryman making proof showing a compliance with the act in question. 
 
 Scene in the Sunset oil fields, Kern 
 county, California 
 
 Page 468" 
 
Chapter XXX 
 
 The story of Silet::: — Hoiv the Indians zvere robbed of their homes for the 
 benefit of palefaced looters, under the guise of treaty rights — The scheme 
 to open the reservation to settlement under a special homestead lazv merely 
 a cloak for grabbing the timber by dishonest methods, as only a fezc 
 cntrymen were acting in good faith — The part United States Senator 
 Fnlton, of Oregon, took in the game of trying to induce the Secretary 
 of the Interior to expedite the issuance of patents to the bogus entries of 
 Willard N. Jones — Hoiv old soldiers zvere lured into committing perjury 
 by the clink of land fraud gold — Fulton's senseless zvarfare on William 
 C. Bristol prevents the latter from being confirmed as United States 
 Attorney for Oregon, and also helps niatcrially in the overthrozv of Fulton 
 at the polls. 
 
 ASSOCIATED with the restoration of pnbhc entry and the subsequent alleged 
 settlement of the former Siletz Indian reservation, situated on the W'est- 
 
 ern coast of Oregon, is a story of intrigue from the moment of inception of 
 the idea of throwing this vast domain upon the market, down to the time when 
 some of those involved in the plundering scheme to acquire title to the lands in 
 a fraudulent manner have stood palefaced before the bar of justice and listened 
 to the scathing rebukes of a committing magistrate. 
 
 There must be something in the irony of fate when All-Hallowe'en's Day 
 was selected by the representatives of the Government for concluding a treaty 
 with those who had held almost undisputed possession of the wilderness since 
 time immemorial. Perhaps the}'^ regarded it as a period when gobblins might be 
 holding high carnival within the confines of the dense forests, and it would be an 
 auspicious occasion for appealing to the imagination of the aboriginess, to the 
 end that they might be induced, by glittering promises, to barter their heritages 
 for a song. 
 
 At all events, on October 31, 1892, a treaty agreement was entered into, 
 according to the official records, between Reuben P. Boise, William H. Odell, 
 (he of Oregon State School land notoriety) and H. H. Harding, Commissioners 
 on the part of the United States, and the chiefs, headmen and other male adults 
 of the Alsea and kindred tribes residing upon the Siletz Reservation, whereby 
 the Indians disposed of all their holdings, aggregating ten full townships in ex- 
 tent, and embracing some of the finest timber in the world, for the paltry sum of 
 $142,000 ! What the Indians were coaxed into giving for this comparatively 
 insignificant amount represents an area equivalent to about 1,300 homestead 
 claims of 160 acres each, or practically 200,000 acres in round numbers, and is 
 worth today at a conservative estimate, more than $8,000,000! If Uncle Sam 
 could do as well on all his real estate investments, he could afl^ord to retire, sat- 
 isfied with his sagacity, if not his conscience. 
 
 The territory ceded comprises the. four tiers of townships from the center 
 of Township 6 South to the center of Township 10 South, and from the western 
 bounds of Range 8 West to the Pacific ocean. Not more than one township was 
 reserved for Indian allotments, and from this congested district must come the 
 miserable existence of a race that has been referred to poetically in the dim, 
 distant past as the "noble redmen of the forest" — after they have been further 
 robbed by designing whites— until such time as the last one has answered the 
 final call to the happy hunting grounds, and his memory lives only as a tradition 
 of wrong. 
 
 Page 469 
 
The humble home of Daniel Clark, who filed on a claim in the Siletz country. At the Jones-Clark 
 
 trial Clark confessed to having induced numerous members of the G. A. R. to 
 
 perjure themselves in an effort to fraudulently acquire title to a 
 
 large body of timber land on the former Siletz Indian 
 
 Reservation in the interest of tVillard N. Jones 
 
 Another import*nt epoch in history was observed in the next step in the 
 ])rocee(hnsJ^s when Congress ratified this unfair bargain on the anniversary of 
 the birth of Napoleon Bonaparte — August 15, 1894 — so it has been a sort of 
 milestone proposition all the way through, as if some mystical ])ower had a hand 
 in branding human memory with the impress of perfid}'. 
 
 At high noon on July 2?, 1895, the reservation was thrown o])en by Exe- 
 cutive proclamation. I'y Act of Congress of August 15, 1894 (28 Stats. 32C->) 
 the treaty had been ratified, and the same .\ct contained the following jircwision 
 for the disposition of the lands: 
 
 ''The iiiincral lan<l shall be disposed of uiidor tho laws ai)|>licahle tlu'reto, and the 
 balance of the land so ceded shall be dis|)osed of until further jjrovided by law under the 
 townsite law and under the ])rovisions of the homestead law; Provided, however, that eacii 
 settler, under and in accordance with the i)rovisions of said homestead laws shall, at th;- 
 time of makinfj his original entry, pay the sum of llfty cents per acre in addition to tlu' 
 fees now required by law, and at tlie time of making final proof shall pay the further sum 
 of one dollar per acre, final ])roof to be made within five years from the date of entry, 
 and three years' actual residence on the land shall be established by such evidence as is 
 now required in homestead proofs as a jirerequisite to title or jtatent. " 
 
 This Act has not been changed in any particular, except that the pa\ment 
 of v$1.50 an acre by the settler was dis])ense(l with bv the .Act of Congress of ]\Iav 
 17, l')00 (31 Stats., 17*>). 
 
 While these lands have been thrown open for settlement for nearly fourteen 
 years, many of the townships were unsurveyed at the date of the proclamation. 
 Official surveys have been made from time to time ever since, so that at the i)resent 
 time only one whole township and portions of two others remain unsurveyed. 
 
 Page 470 
 
Palatial residence of a Siletz homesteader 
 Notwithstanding several fraud reports 
 from honest special agents. Com- 
 missioner Ballinger passed 
 the entry to patent 
 
 Xo sooner was a township survey- 
 ed than it was quietly gobhled up l)v 
 allei^cd settlers under the special home- 
 stead Act created by Congress for their 
 so-called benefit. The whole proceedings 
 looking- to the disposition of these lands 
 was a mistake from the beginning-. In 
 the first place, the country is of such 
 general character that no person could 
 ever make his living there by cultivation 
 of the soil, as it would take a lifetime to 
 develop any kind of respectable clearing. 
 As a matter of fact, the region is a vast 
 jungle, impenetrable to a greater degree 
 than any portion of the heart of Africa, 
 and it has been estimated that it would 
 cost fully $300 an acre to clear the land. 
 
 It is essentiall}' a magnificent for- 
 est, and as such should have been pre- 
 served by the Government, allowing the 
 few surviving Indians therein to retain 
 possession of their own. They could do 
 no harm by their occupancy, but on the 
 contrary, were capable of accomplishing 
 a great deal of good, as they would nat- 
 urally take a pride in preserving it from 
 devastating fires, thus afifording- a con- 
 tniuous protection to the watershed, and 
 thus operating to the material benefit of 
 the climate of the \\'estern coast of the 
 State. Provision should have been made 
 for the sale of the ripened timber to the 
 highest bidder in an open market, and in 
 
 this way the Government could have secured a revenue sufficient to have main- 
 tained the reserve for all time. Wild game could thrive there almost unmolested 
 throughout the closed season, and eventually the region would have become one 
 of the world's greatest hunting grounds. 
 
 But there was design on the magnificent timber from the very start, and 
 the proposition to throw the reservation open for settlement under the farcical 
 Homestead Act quoted, was merely a ruse to cloak the real motives of those in- 
 terested, wdio figured wdsely that few honest claimants would attempt to compl}' 
 with the prohibitive conditions of the law, and go there with the idea of making 
 a home in every sense of the word. With only one method of acquiring a legal 
 foothold, hundreds of men, and not a few women, were found base enough to 
 lend themselves to the scheme of the looters, and even old soldiers, who had shed 
 their blood on the battlefields of their country, were lured into committing perjury 
 by the fascination of the plunderers' ^o\<\. iVIost of them established a quasi 
 right in a manner that it were a vain pity to call residence, and was seemingly 
 done more for the purpose of maintaining a franchise on the right of possession, 
 than through any honest effort^to make a permanent settlement. 
 
 Here it w'as that Willard X. Jones, himself the son of a distinguished officer 
 of the Rebellion, and honored in his own name by the gift of political favor, 
 discarded all his claims to good citizenship by employing such methods to acquire 
 these titles that has made him a candidate for prison bars. His scheme contem- 
 plated the location of a large area by process of "dummy" entrymen, and to the 
 shame of all concerned, these were drawn mostlv from the ranks of old soldiers, 
 
 Page 471 
 
Ira Wade, County Clerk of Lincoln County, who bears the 
 
 distinction of being the only person acquitted of Oregon 
 
 land frauds in any case prosecuted by Heney 
 
 ff'ade was involved with Jones and 
 
 Potter in the Siletz matter 
 
 members of the G. A. R., who were tempted and fell. Scores of this class invaded 
 the forests and staked out what they were pleased to call their homes. I have 
 shown by photographs the general character of these residences so-called, and will 
 state that these pictures are fairly representative of the alleged "settlement" of 
 the group of entrymen controlled by Jones and his associates. They were mere 
 makeshifts, as will be seen at a glance, and in every case it was shown at the trial 
 of W'illard N. Jones, Thaddeus S. Potter and Ira Wade, in consequence of their 
 connection with the frauds, that the entrymen transferred their claims to Jones 
 before the ink was yet dry upon their linal certificates, and that they had pre- 
 viously entered into an agreement to do so. Practically the entire body confessed 
 upon the witness stand how they had been led astray, and how they had been 
 induced to commit perjury when making the necessary proof of settlement and 
 cultivation, and that their alleged residence was all a delusion and a snare. Here- 
 with is presented a list of those who thus perjured themselves for the sake of a 
 few dishonest dollars, nearlv all of whom were old soldiers or their widows : 
 
 :Intrv No. 
 
 Name. 
 
 Entrv No. 
 
 Name. 
 
 13137 
 
 Edward C. Brigham. 
 
 14154 
 
 Bert Blauvelt. 
 
 14233 
 
 Daniel Clark. 
 
 13116 
 
 Oliver T. Conner. 
 
 12946 
 
 Esther P. Collins. 
 
 13113 
 
 Richard D. Depue. 
 
 14237 
 
 Homan K. Finch. 
 
 13088 
 
 Joseph Gillis. 
 
 13087 
 
 Anthony Gannon. 
 
 12932 
 
 Annetta Huston. 
 
 13135 
 
 Benjamin S. Hunter. 
 
 13136 
 
 Franklin Hummel. 
 
 13089 
 
 Thomas Johnson. 
 
 14236 
 
 James Landfair. 
 
 14239 
 
 Addison Longenecker. 
 
 14235 
 
 Granville C. Lawrence 
 
 14234 
 
 George F. Merrill. 
 
 14238 
 
 Thad. S. Potter. 
 
 13105 
 
 Louis Paquet. 
 
 13091 
 
 George Rilea. 
 
 14240 
 
 Henry M. Riggs. 
 
 13142 • 
 
 Nelson B. Smith. 
 
 13396 
 
 William Teghtmeier. 
 
 13090 
 
 John L. Wells. 
 
 13406 
 
 George West. 
 
 13416 
 
 William T. Everson. 
 
 What lends additional peculiarity to the situation, is the fact that United 
 States Senator Fulton lost no time, after his election, to urge upon the Land 
 Department at Washington the absolute necessity for prompt action in regard 
 
 Page 472 
 
to the Jones group of entries, with a view that these fraudulent claims should 
 be passed to patent with as little delay as possible. He even went so far as to 
 write personal letters to the head of the Land Department, insisting that an 
 injustice was being done the homesteaders by longer withholding their final titles, 
 and in at least one instance wrote a letter extolling Willard N. Jones as a man of 
 irreproachable character and high standing in the community ! It may be only 
 a coincidence, and all that, and it may be that Senator Fulton falls back upon his 
 well-worn plea that he was misled regarding his conclusions, but it would be 
 interesting to know what kind of an excuse he is able to ofifer for the following 
 self-explanatory correspondence between the Acting Commissioner of the General 
 Land Office and Secretary Hitchcock, brought about through the unwarranted 
 eagerness of Senator Fulton to have the Jones claims expedited : 
 
 C. W FULTON. 
 
 Chairman 
 
 J. F. ORYDEN. 
 
 B. R. TILLMAN, 
 
 Q. F. HOAR. 
 
 J. W. BAILEY. 
 
 EUQENE HALE, 
 
 W, A. CLARK, 
 
 C. W. FAfRBANl 
 
 <S, J. P. CLARKE. 
 
 C. 
 
 W. HAUDERMAN. Cl£RK. 
 
 ^Cnitch ^iaie^ ^cnaic, 
 
 ree on c/ 
 
 kOI AN RE I 
 
 V/ashington, D.C.May 5th, 1904. 
 Hon, E. A. Hitchcock, 
 
 Secretary of the Treasury, 
 Treasury Department) 
 
 /(as hing t on , D . C . 
 Sir: 
 
 I enclose you herewith a letter I have -just received fromHoh. 
 V/. IJ. Jones, of Portland, Oregon. The letter fully sets forth, the 
 situation and I v/ill not attempt to enlarge on it. I v/ish to 
 say, hov/ever, that I arr. personally acquainted- with Mr. jones and 
 he stands very high, and. I am confident that he sta.tes the exact 
 situation and tells the exact truth. I do not \7elieve that he 
 could be induced to do otherwise, and I fear a great injustice 
 is being done him, I trust that you will 'give the matter your 
 
 ■personal attention ajid a careful investigation. Mr. Jones is a 
 memoer of the Oregon legislature, and a man of excellent family 
 and social standing -?jid connections. 
 
 Verv respectiuLS.- 
 
 Facsimile of letter written by United States Senator Fulton to the Secretary of the Interior 
 
 recommending Willard N. Jones, who was afterwards convicted by a jury for 
 
 frauds in connection with the Siletz Indian Reservation lands 
 
 Page ilZ 
 
I' (i. I\ I' 
 
 File 2()4(H> \V. II. L 
 
 J. !>. V. 
 
 DEPARTMENT OF THE INTERIOR, 
 
 ( ; i: m: K' A L land offici:. 
 
 Washington, D. ('., S('i)t«'iiil)('r 14, U»(i4. 
 
 Adilii'ss (inly tlic 
 L'lininiissiontT of tlic (Joncriil l>:iinl (>lli('c. 
 
 Tlic Honoralilc Sccn-t.-irv of tlic Iiilciior. 
 Sir: 
 
 I liavc tlu' honor to acknow h'dyc the icc'cipt, by your rcfcriMicc of the Unl instant 
 for early report in duplicate and return of ]iapt>r. of a letter fnun Hon. (". W. Fulton. 
 Astoria. Oregon, dated tlie 2Sth ultimo, wiiicii is as follows: 
 
 I liave received a great nunilx'r of eoinphiints from immestead entrymen on tiie 
 Siietz Indian Koservation. in Oregon, .about the treatment they have received at the hands 
 of the Department. 1 know how diilicuit it is for a homesteader to comply with the letter 
 and spirit of the general homestead law in tiiat country. At the same time I realize that 
 you did not make the law and are not responsible for its provisions. That section of the 
 country is so isolated from any inhabited region and so difficult of access that it is very 
 expensive and difficult w'ork to get ])rovisioTis in to tlie iiomesteaders. Being heavily 
 limbered, it is of course very difficult to make a farm out of a tract of land in that locality, 
 and as a result, entryment cannot remain long at a time on their claims, but are compelled 
 to go outside and work. In cases of married men it is difficult to get their wives in to the 
 land and utterly iiniiracticable for them to keejt their wives residing there continuously. 
 Nevertheless they are anxious to secure a tract of land on which they will ultimately make 
 their home. 1 think in construing the homestead law the character of the country in 
 Western Oregon should be taken into consideration. It is not so easy to make a home on 
 a ti'act of land here as it is in an open prairie country, nevertheless we are very anxious 
 that the country shall be settled up and that homesteaders shall be allowed to exercise the 
 riglit of entry and to secure their titles and ultimately make their homes on the land. I 
 have therefore prepared and determined to introduce and work to secure the passage of. 
 through the next Congress, a bill for the relief of the settlers in that section of the country. 
 I shall make provision for issuing jiatents to every homestead entryman who has spent a 
 certain amount in the way of im])rovements on his tract, wliether in labor or cash, withoul 
 regard to settlement. 1 will wish to confer with you about the amount of exi>enditure 
 recpiired, etc. It may be well to require some character of settlement, but 1 wish, and that 
 is the j)articular thing I do wish to do, to relieve them from the necessity of continued 
 residence on the land. I wish. therefor<\ that you would suspend your investigation of 
 claims in that section and not prosecute matters relative thereto until I can have an ojtjior- 
 tunity to confer with you relative thereto, and to attemjjt at least to secure the passage 
 of some measure of relief. 
 
 The investigation of all entries in the former JSiletz Indian Reservation was 
 directed by letter "P" of March 26. 1903. under departmental letter of March 12, 1903, 
 referring to this office copy of correspondence had with Mr. Warren H. Brown, Agency 
 Clerk at the Yakima Indian Agency, Fort Simcoe, Washington, relative to frauds in con 
 nection with such entries. 
 
 The special agent to whom tiie matter was originally referred having been trans 
 ferred to other territory before he had made any rejiorts, directions were given August 7, 
 1903, to the agent then in charge, the latter having made general rejwrts touching said 
 entries under dates of August 19, November 7, <S, 9, and II, 1903, and subsequently thereto, 
 stating in effect that in his investigations of the lands in question lie had found the same 
 heavily timbered, with a dense growth of pine, hemlock, cedar, and other timber, and not 
 exceeding one-tenth of the land would be fit for cultivation if cleared of the timber; that 
 the cost of clearing a sufficient number of acres to make a living upon would entail an 
 expenditure, which would be out of reach of any m;in of ordinary means; that almost the 
 whole of the lands of said reservation have been filed upon, but there are no roads over 
 which the claims may be reached, either with a team or saddle horse, nothing but a few 
 dim foot trails, which are only used semi-annually by these claimants in going to or from 
 their respective entries prior to making proof, and except in few instances never afterwards. 
 
 The special agent submitted lists containing a large number of entries which he 
 felt satisfied had not been made in good faith for the jiurjiose of making homes thereon; 
 
 Page 474 
 
United States Senator Charles W. Fulton, of Oregon, who pleaded 
 
 hard for the alleged Siletz settlers 
 
Sample residence of a Siletz homesteader, described in pathetic 
 
 terms by Senator Fulton in his letter to the Secretary 
 
 of the Interior, pleading for the issuance of 
 
 patents on the fraudulent entries 
 
 made in the interest of 
 
 Willard N. Jones 
 
 and stated that it was the evident purpose of the entrynien to acquire this laud in the in- 
 terest of other persons under cover of the liomestead law, and that the entrymen had dis- 
 posed of their claims to certain named persons. 
 
 It was shown that twenty-one entries made at or near the same date were trans 
 ferred to one party for from $1,500 to $4,400 each, the lands being in the same township or 
 the one adjoining and the sales made soon after the issuance of cash certificates on com- 
 muted entries; that twenty-three entries had been mortgaged to another party, it being 
 quite evident that said party is to become the owner of all of the lands covered by said 
 twenty-three entries. 
 
 A number of adverse reports have been made by the special agent and the affidavits 
 submitted therewith by the entrymen are in all essential respects similar, and to the effect 
 that they learned of the land through a party in Portland, Oregon, and made their entries 
 under an as.surance and agreement that said party would furnish all necessary money to 
 make entry, the necessary improvements, the final jjroof cost and traveling expenses to and 
 from their claims; and in accordance with said agreement they executed mortgages to said 
 party and subsequently deeded the lands to him. 
 
 One entryman alleges that he assisted in getting about tliirty "old soldiers and 
 soldiers' widows" to locate homesteads on these lands, nil of whom made such entries under 
 such an agreement with said party in Portland. 
 
 Page 476 
 
Inasmuch as a large number of the ontrymeu sold the land to one party immediate- 
 ly after proof, coupled with the fact that the lands are not tillable even after the timber 
 is removed, goes to show that the entries were not made in good faith for the purpose of 
 a home, but in the interest and for the benefit of the party to whom sold. 
 
 It would seem from the foregoing that a failure on the part of the persons making 
 entry ou these lands to comi^ly with the liberal provisions of the law is recognized. 
 
 The law opening these lands to settlement (act August 15, 1894, 28 Stats., 323,326), 
 only required a three years ' residence in order to secure title thereto, thereby giving to sucli 
 homesteads benefits not afforded those entering other lands. They also shared in the gen- 
 eral relief afforded by the Free Homestead Act of May 17, 1900 (31 Stats., 179), and the 
 act of January 26, 1901 (31 Stats., 740). 
 
 From the record before this ofl&ce, there is every reason to believe that a great 
 many of the entries were made without any intention of compliance with law; that they 
 were made in the interest and for the benefit of other parties for the timber thereon and 
 not for the purpose of residing upon or cultivating the land and that the entrymen, as a 
 rule, immediately after making final entry transferred whatever title they thereby obtained, 
 abandoned the land, and now have no further interest therein. 
 
 In view of the showing made by the record, which the office believes is a fair state- 
 ment of facts in the case, it is unable to see how the parties who acted in violation of law 
 and with full knowledge of its requirements, can ask this office to recommend that they 
 be granted any relief or that they have any right or interest in the land entered which 
 can be made the ground for such a request. 
 
 The office therefore states it as its opinion that to suspend this investigation, and 
 to adopt the policy suggested by the Senator would be to reverse the policy now vigorously 
 being prosecuted by this office, of securing such a compliance on the part of claimants to 
 public lands as the spirit and letter of the laws and official regulations relating thereto 
 require. 
 
 Senator Fulton 's letter is, therefore, herewith returned with the information that 
 this office will proceed with such investigations, unless otherwise instructed by the 
 Department. Very respectfully, 
 
 (Signed) J. H. FIMPLE, 
 
 Acting Commissioner. 
 
 Mr. Fimple was unquestionably one of the ablest and most sincere officials 
 that ever graced the position of Assistant Commissioner, consequently his remarks 
 upon the subject must be considered accordingly. At the time Senator Fulton 
 wrote the letter in question to Secretary Hitchcock, it was well-known that the 
 Siletz homestead entries were under investigation by the Land Department, and 
 if he was in ignorance of the situation, what then becomes of any of his recom- 
 mendations ? 
 
 Since all this happened, Senator Fulton has been retired to private life by 
 his constituents, he having been defeated by H. M. Cake at the primaries held 
 throughout Oregon on April 17th last, after one of the most sensational campaigns 
 ever conducted in the State. Upon this occasion Francis J. Heney took an active 
 part in the proceedings, coming from San Francisco especially to oppose Fulton's 
 re-nomination. The distinguished graft prosecutor made three speeches in Ore- 
 gon — two in Portland, and one at Salem — and it is noteworthy that the counties 
 in which he appeared rolled up the largest majorities against Mr. Fulton. Much 
 more might be told concerning the systematic manner in which Senator Fulton 
 was led astray with such consistent regufarity that it eventually became a sort of 
 second nature for him to get deceived, but it would be equivalent to inflicting 
 punishment after death were I to attempt to enumerate all the dififerent instances 
 where he has assumedly had the wool pulled over his eyes. If it had come to 
 pass that he had developed a blind side, and that those wh5 were anxious to 
 secure favorable action on questionable measures had learned the fine art of get- 
 ting on that side in their operations, then it was high time for him to give way to 
 somebody capable of representing Oregon in a creditable manner. 
 
 Page 477 
 
Although .Mr. i'.alHni;cr. while Loininissioncr of the (iencral Land Office, 
 undertook to make it very plain that it was his intention to investigate the 
 different entries of puhlic lands in the \\ est before permitting patent to issue, and 
 that in cases where there had been no ])rotest or adverse report of a special agent 
 within two years from the date of issuance of the final certificate, he would i)ass 
 such entries to patent, it is a])parent that he overlooked a great many things in 
 the Siletz country. For instance, fraud reports had been made at different times 
 by special agents of the (leneral Land Office on the following entries, all within 
 the two years after the issuance of final certificates: 
 
 I]iitry. .\aiiu'. Fraud l^'l•^n•t. 
 
 ('. K. ().").');• .\ml(M-s()ii, Nils Oct. L*. I'.Mi."). 
 
 H. H. Mitti.") Hilt/.. Williain Mar. 1 1'. l!»ii(i. 
 
 V. E. 7(540 Hl.iuvclt. lii'it Dee. (i. 1!)U.3. 
 
 C. K. 7293 Hr.ulfonl. A. E Mav 23, ]9tl6. 
 
 C. E. 72."3J) HiiKifonl. EIiium- Ma'v 23,1906. 
 
 ('. E. 72.")S Uri.lfj.'fonl. W. L May 24, 190G. 
 
 II. E. 14:59(i Hiitts. P. \V Oct. 6, ]90(i. 
 
 ('. E. 7S2S CnnvtluT. .Tosi'ph Dec. 29, ]90o. 
 
 ('. E. 772(1 ('(irnoll. Ernest May 9. 1906. 
 
 H. E. ir)0.-)6 (^)(h'. Myrtle Mar. 5. 1906. 
 
 H. E. 15021 Cody. Maiul E Mar. 5. 1906. 
 
 C. E. 72.')S Dawson. Fred Mav 24. 1906. 
 
 C. E. 7S61 Elkins. Dill Dec. 9. 190.1. 
 
 C. E. 747o Ell.ert. Wm. F Mav 24. 190(). 
 
 H. E. 14370 Finnklin. ('. J Mar. 13. 190(). 
 
 C. E. 72.11 Foss, Luther V Aug. 10. 1906. 
 
 C. E. 72r)2 Fox, Geo. B Aug. !<•. 190(i. 
 
 H. E. 13211 Fojjarty. .Tohn J Dec. 6. 19o6. 
 
 C. E. 7.502 Frederick. Bert May 23. 1906. 
 
 C. E. 771o Huntzicker. F Mav (5. 1906. 
 
 H. E. 14392 Hare, C. V Juiie 29. 1904. 
 
 H. E. 14(i02 Lucas. F Mar. 13, 190(i. 
 
 H. E. 13963 L;mdreth, George A Dec. 20, 190.3. 
 
 C. E. 7s.-)6 M.Maiins. ('. H Dec. 29, 1905. 
 
 C. E. 7860 Mc Hardy. Catherine Dec. 29, 190.1. 
 
 C. E. 7851 .Matson." Louis Dec. 4, 1905. 
 
 C. E. 7255 Montague, Eobt. B Mav 24. 1906. 
 
 C. E. 7256 Rilev, Grace E Mii'v 24. 1906. 
 
 H. E. 1432 Runkel, Fred ,\[aV 9, 1 906. 
 
 C. E. 7708 Smith. Q. B Dec. 2. 1 905. 
 
 H. E. 14601 Southwell. W. ,1 Mar. 10. 19(t6. 
 
 H. E. 14527 Sullivan. Con Mar. 2. 1906. 
 
 C. E. 7875 Stewart. .John F 7eb. 8. 1906. 
 
 C. E. 7477 Schroeder. Wm lav 23, 1906. 
 
 C. E. 7862 Tolford. Minnie Dec. 4.1905. 
 
 C. E. 7452 Tilibett. Bertha Dec. 22, 1905. 
 
 C. E. 7267 Whitclaw. NeiU \ug. 8. 1906. 
 
 H. E. 14032 Wright. Wellington Dec. 22,1905. 
 
 H. E. 13221 Williams. L. W Dec. 27. 190.5. 
 
 C. E. 7906 \V(>atherford. A. B Dec. 23. 1905. 
 
 l-'urthcrmorc, in August and September. V)07, Acting Chief Xeuhausen 
 was directed by the Commissioner to cause field investigations to be made on 
 fully fifty difiPerent Siletz entries, and under this authority, detailed Special Agent 
 James D. Watts and .Assi.stant William J. Mitchell to make such investigations. 
 They were in the field ftdly six weeks, diu-ing which they insjiected every claim 
 that had been designated ])y the Land De])artment as subject to such consideration. 
 While engaged in making out their reports, wherein it was shown that many of 
 those under investigation had failed to comply with the laws governing the ac- 
 quisition of the Siletz lands, an order came from .\ssistant Commissioner Dennett 
 passing to patent a number of the claims then under investigation, without regard 
 whatever to their fraudulent character. This act of the Land Department dis- 
 gusted Special Agent Watts to such an extent that he forthwith tendered his 
 resignation, and is now no longer in the (government service. 
 
 Page 478 
 
R. A. Bollinger, Ex-Commissioner of the 
 '{General Land Office 
 
Thad. S. Potter, convicted with Willard N. Jones in the 
 former Siletz Indian Reservation frauds 
 
 Watts had formerly been a IMontana sheriff, and was a man of strict 
 integrity, as well as utterly oblivious to fear of any kind. An attempt was made 
 to bribe him upon the occasion of his investigation of the Siletz entries alluded 
 to, and this act he reported promptly to x\cting Chief Neuhausen, but it is ques- 
 tionable whether it had any effect in causing those in Washington to entertain 
 greater respect for him. 
 
 It became the habit, finally, for the General Land Office to ignore all 
 reports of special agents affecting the character of the Siletz entries, and to pass 
 them to patent in utter disregard of prevailing conditions. Thus, the claim of 
 Robert B. Montague, the crooked deputy county clerk of Linn county, Oregon, 
 was picked out as a worthy subject for final title, although it was notorious in 
 the Department, through the reports of special agents, and from other sources, 
 that Montague had never in the slightest degree complied with the laws relati\e 
 to residence and cultivation. Two other claims, ecjually fraudulent, were included 
 in the letter from Assistant Commissioner Dennett, conveying the information 
 that the three entries had been passed to patent, but fortunately, somebody re- 
 covered from the shock sufficiently to enter such a vigorous protest, and set up 
 such well-founded charges of fraud, that even Dennett was obliged to take some 
 sort of official cognizance of the situation by recalling his action in passing the 
 entries to patent, and permitting contests upon specific charges of fraud ! 
 
 If necessary, I could cite numerous instances in the Siletz country alone 
 where the General Land Office, under the Ballinger and Dennett administrations, 
 has strangely shut its eyes to glaring frauds, and passed entries to patent that it 
 must have known should have been cancelled. This condition applies only to the 
 Siletz country, and whether or not it extends in other directions, I am in no 
 position to state. 
 
 In the case of the Siletz entries, it is a matter of record that in nearly every 
 instance the claims were transferred to speculators as soon as final certificates 
 
 Page 480 
 
Fred Dennett, Commissioner of the 
 General Land Office 
 
were granted by the local Land (')t"fice. and that the holders of title were exceed- 
 ing-ly active in securing the issuance of patents. 
 
 The trial of WiUard N. Jones, Thad S. Totter and Ira Wade during 190r. 
 wherein the two former were convicted and the latter actiuitted, developed 
 enough evidence to show that hardly an entry in the former Siletz Indian Reser- 
 vation was made in good faith. Naturally, there are some exceptions, but they are 
 so scarce as to render them unworthy of notice. 
 
 When it became known that John 11. Hall, the United States Attorney for 
 Oregon, was shielding from punishment some of those since found to have been 
 most prominently identifietl with the general system of looting. President Roo.se- 
 velt lost no time in removing him summarily from office, and appointing Mr. 
 Henev to the vacancy. The latter continued to conduct the affairs of the office 
 until December 3. 1905. when President Roosevelt sent in the name of William 
 C. Bristol, a brilliant young lawyer of Portland, Oregon, to fill the position. 
 Bristol was known to be a man of strict integrity and marked legal ability, and 
 as one posses.sed of the courage of his convictions. It was an open secret that he 
 was Henev's choice for the place, and this, in itself, was sufficient to bring down 
 upon his head the accumulated opposition of every land grafter in^ Oregon and 
 elsewhere, who were against everything bearing the stamp of Heney's a])proval. 
 
 Every possible effort was made to prevent the confirmation of Bristol by 
 the United States Senate, until finally the President withdrew his name and after 
 Christian Scheubel, of Oregon City, James T. Cleeton, of Portland, and James 
 McCourt. of Pendleton, had been successively named for the place, the Senate, in 
 March, last, confirmed the latter. 
 
 The fight against Bristol was led by United States Senator Fulton, of 
 Oregon, and it is believed that his stand in the matter had much to do with his 
 recent rejection by the Republican voters of the State for re-nomination as a 
 Senatorial candidate, and while there is, no doubt, a multitude of causes that 
 led to Fulton's defeat at the polls, it is thought the friends of Bristol contributed 
 their share, nor is there any reason to deny that Fulton's indifference in connec- 
 tion with fraudulent land schemes of the Siletz order operated as much as anything 
 to his political downfall. 
 
 Under a recent ruling of the General Land Office, Special Agents are required to 
 make daily reports to the Comniissioner covering all their movements, while on duty. 
 This order has had the effect of arousing considerable hostile criticism in the ranks of the 
 better class of Special Agents, who reason that if the head of the Laud Department was a 
 person of unsavory stripe, these daily reports would have a tendency to keep him in 
 constant touch with the movements of all the men under his jurisdiction, and enable him 
 to thwart any honest effort to prevent fraud where the Commissioner himself was person- 
 ally concerned. As an illustration of the idea there is herewith presented a facsimile of 
 the report cards in use by the Special Agents of the General Land Office at the present 
 time, which is filled out w-ith a presumed report of a crooked special agent: 
 
 ^-c^- 30cparttnent of the Interior. 
 
 GENERAL LAND OFFICE 
 
 DAILY KKPORT Jiljli(l^y....Uay J-3-. 190X. 
 
 Detroit, Oregon. 
 
 Direoted by Hon.Coiranlssioner 's letter "P" ,1323 ,M.Y.O.B. , 
 Q.T. ,P.D.Q. .April 1,1901, to inaKe field InveBtig^tlon alleged fraudulent 
 Hd entries Tp 11-7. Pd $1000 by Puter to Xeep ray mouth shut; made report 
 recoMmending all claims for Pat; sed Nellie Backus "was a ggodgirl., and 
 done the best she could." (Jok.) Seen Heldecke; told him "mum's the word 
 — hev you saw Puter?" Stated in report that Walgamot raises cabbages In 
 Summer and traps coons In Winter. (Nother Joak — he raises teeth between 
 seasono. ) Hain't saw Dan Tarpley sence he flashed check, made 4-480. re- 
 port about old hayseed living on his claim; wouldn't come through; sed he 
 didn't hev nothin': he'll git hls'n all right—where the chicken got the 
 axe. Traveling expenses and subsistence — 411.7 
 
 0^ Special Agent 
 
 Page 482 
 
Chapter XXXI 
 
 Brief history of the famous Hyde-Bciisoii-Scliiicidcr-Diiiioiid Conspiracy Case, 
 noiv on trial at Washington, D. C. — Defendants brought to bar after four 
 years of vexations delays — Some interesting features in connection zvith 
 the manner in zvhich the evidence against the accused zcas unearthed by 
 the Government. 
 
 ALTHOUGH indictments had been returned against F. A. Hyde, John A. 
 Benson, Joost H. Schneider and Henry P. Dimond on February 17, 1904, 
 
 the defendants were not brought to trial until April 1. 1908. Legal efforts 
 to prevent the case from being reached at all were responsible for some of the 
 delays, but generally the continuances and repeated postponements were brought 
 about through technical questions raised to hinder proceedings. At all events, it 
 has taken the Government more than four years to bring the quartet of alleged 
 conspirators into Court, and there is a strong likelihood of the case dragging its 
 weary length along for some time to come before any final determination is 
 reached, the trial being still in progress at this writing. 
 
 Three of the defendants — Hyde, Benson and Dimond — reside in San Fran- 
 cisco, California, while Schneider is engaged in business at Tuscon, Arizona. They 
 were accused under Section 5440, of the United States Revised Statutes, with 
 having defrauded the Government of its public lands, their plan of operation, ac- 
 cording to the theory of the prosecution, embracing a system without parallel for 
 its magnitude. In brief, it contemplated the fraudulent acquisition of title to 
 thousands of acres of school lands within the confines of forest reserves in Cali- 
 fornia and Oregon by process of "dummy" and fictitious applicants, and the ex- 
 change of tracts thus acquired for valuable timber lands of the LTnited States 
 under the forest reserve lieu land Act of June 4, 1897. It was through this ex- 
 change with the Government that they became involved in trouble, as the United 
 States has no authority over State lands of any kind, and had the alleged con- 
 spirators confined their operations to the acquisition of title to the 16th and 36th 
 sections of townships in the two States named, the chances are that nothing in the 
 nature of a criminal proceeding would have resulted from their scheme of looting. 
 As soon, however, as they undertook to select Government land in lieu of their 
 fraudulent State holdings, it brought them within the jurisdiction of L'ncle Sam, 
 and entailed a condition that has resulted in a long legal battle for their liberties. 
 
 Dimond was stationed at Washington, D. C, during the period it was 
 claimed the frauds had been committed, and his supposed connection with Hyde 
 and Benson as their legal representative at the National Capital is responsible 
 for the case being tried there. It was set up in the indictment that the fact of 
 his appearing before the Land Departments at different times in the interest of 
 the two alleged arch conspirators formed the connecting link, and entitled the 
 Government to try the defendants wherever any part of the plot was hatched. The 
 attempt to remove the quartet to Washington for trial was resisted to the utmost, 
 but without avail, as the United States Supreme Court sustained the Government's 
 contention that if any part of the proceedings tending to connect the defendants 
 with the commission of a conspiracy originated in Washington, they could be 
 brought across the continent for trial. 
 
 The first official intimation that frauds of an extensive character were 
 being perpetrated by the Hyde-Benson ring, came in the form of a letter from J. 
 A. Zabriskie, an attorney of Tuscon, Arizona (since deceased), who advised the 
 General Land Oflice at Washington, D. C, that he was in possession of information 
 
 Page 483 
 
Arthur B. Pugh, of Washington, D. C, Special Assistant to the United States Attorney-General 
 
 and Chief Counsel for the Government in the Hyde- Benson case 
 
from Joost H. Schneider, a client, to the effect that F. A. Hyde, John A. 
 Benson and Henry P. Dimond were engaged in a conspiracy to defraud the 
 Government out of immense tracts of State school lands in California aixl Oregon 
 by process of illegal filings, and that Schneider was willing to aid the Land De- 
 partment officials in uncovering the frauds. After considerable delay, Binger 
 Hermann, then Commissioner of the General Land Office, detailed Special Agent 
 S. J. Holsinger to proceed to Tuscon and interview Schneider. 
 
 Acting under these instructions, Holsinger proceeded to Tuscon, where on 
 November 6, 1902, he held his first interview with Schneider in the presence of 
 Attorney Zabriskie. Several days were consumed in securing full details from 
 Schneider, so that it was not until November 12, 1902, that Special Agent 
 Holsinger was prepared to make his report to the Commissioner of the General 
 Land Office. This he did from Phoenix, Arizona, on the date indicated, covering 
 practically every feature of the conspiracy as described by Schneider. 
 
 In brief, the admissions of Schneider amounted to a confession that he 
 had acted as the agent for Hyde and Benson in prcuring "dummies" to locate 
 the school lands in existing and proposed forest reserves of California and Ore- 
 gon, with a view of their subsequent exchange with the Government for other 
 lands. In this manner several hundred applications had been filed, many of which 
 embraced the names of fictitious persons. 
 
 Holsinger transmitted his report to the General Land Office, and it was 
 promptly pigeonholed by Commissioner Hermann, and probably would never 
 have seen the light of day again had not a clerk unearthed it, and its contents 
 become known to Secretary Hitchcock, months after it had been filed with the 
 Commissioner. The Secretary of the Interior at once instituted an investigation, 
 intrusting this feature of the case to Arthur B. Pugh, an attorney for the Interior 
 Department. The latter proceeded to California accompanied by Special Agent 
 Steece, of the General Land Office, and the two secured much damaging evidence 
 against Hyde, Benson and others. Later William J. Burns, of the Treasury De- 
 partment, was called into the case, and he spent several weeks in San Francisco 
 and Oregon in unearthing the frauds, with the result that from the mass of evi- 
 dence in the possession of the Government from these various sources, the in- 
 dictment was returned. 
 
 When Burns returned to Washington from his preliminary investigation 
 of the Hyde-Benson case, he asked the Chief Clerk, James T. Macey, of the Gen- 
 eral Land Office, for a confidential stenographer to write up his report. Macey 
 sent Irvin Rittenhouse to him for a few days. His work was of such value to 
 Burns that he was retained by him indefinitely. This was the early part of No- 
 vember, 1903. About December 28th or 29th, 1903, Secretary of the Interior E. 
 A. Hitchcock received two anonymous letters from San Francisco concerning- 
 the Hyde-Benson case. One was typewritten and the other pen printed. He 
 turned them over to Burns and the latter brought them to the Land Office, where 
 he showed them to Rittenhouse and asked him who he thought wrote them. 
 Rittenhouse, who had been handling a lot of typewritten papers in connection 
 with the case, noticed at once that the anonymous letter was written on a Blickens- 
 derfer typewriter and immediately called Burns' attention to the fact that all of 
 Dimond's letters to the General Land Office, entering his appearance as attorney 
 in the Hyde lieu selection cases, had been written with this type of machine, and 
 that it was his opinion Dimond wrote the anonymous letters. 
 
 Several months later Rittenhouse accompanied Burns to San Francisco 
 for the hearing before United States Commissioner E. H. Heacock on the ques- 
 tion of the removal of the defendants Hyde and Dimond, Schneider having been 
 arrested in Washington, D. C, and Benson in New York City. The hearing 
 lasted about six or eight weeks, during March, April and May, 1904. Dimond 
 had been on the stand in his own defense for about a week or ten days, under 
 cross-examination by Mr. Heney, and his story w'as one that could not be shaken 
 by the Government. It was vitally important that the Commissioner should hold 
 
 Page 485 
 
Daniel W. Baker, United States Attorney for the District of Columbia 
 
Dimond for removal, as the majority of the overt acts aUeged in the indictment 
 were committed in Washington, D. C, where Dimond had been stationed. The 
 Government ofificers were not a Httle worried over the defense Dimond was 
 making, and the newspapers were all inclined towards the assumption that he 
 had no connection with the conspiracy and that he was innocent of any criminal 
 knowledge thereof. The anonymous letters contained statements that no one 
 but a co-conspirator could have made, and if it were possible to prove Dimond 
 to be the writer of them, his defense would fall. 
 
 Burns had not accepted the theory of Rittenhouse, and was working on 
 other lines to connect Dimond with the letters, but had been unsuccessful. One 
 afternoon after Court had adjourned, while Dimond was still on the stand, and 
 the Government officers had almost concluded it would be impossible to break 
 him down, Judge Pugh, Rittenhouse, and Burns accompanied Heney to his offices, 
 and while there discussing the case, Heney asked Burns for the anonymous 
 letters, which Rittenhouse had brought to San Francisco, and was reading 
 them over in an effort to find some connection with Dimond in them. The 
 anonymous letters had erroneously spelled the Special Agent's name STAGE 
 instead of STEECE. As soon as Heney read this part of the pen written letter 
 'Tf your Mr. STAGE had been worth the powder to blow him up," etc., Ritten- 
 house remarked in the presence of Burns and Pugh, "Why, Dimond has been 
 calling STEEGE STAGE all afternoon." Heney looked up and said: "By, 
 G — d, that's right, Rit!" Burns gave a look of doubt as to the correctness of the 
 statement, but both Heney and Pugh immediately recalled the fact. Mr. Heney 
 read the following portion of the letter which referred to a Mr. BROHASKI in 
 Tucson, Arizona. This meant Zabriskie, who had been Schneider's attorney 
 when he first made his confession of the conspiracy to Special Agent Holsinger. 
 As soon as Mr. Heney read the sentence containing this name BROHASKI, 
 Rittenhouse again remarked, "Dimond has been calling Zabriskie BROHASKI, 
 too." Heney looked up with the smile of satisfaction that had not then become 
 famous and said : 
 
 "That's right ; Good for you, Rit !" and brought his fist down on his desk, 
 saying "We've got him ; We've got him !" 
 
 Burns was inclined to doubt even this statement, but both Heney and 
 Judge Pugh recalled it, and the former paid no attention to the doubts of Burns. 
 Turning to Rittenhouse Burns said : 
 
 "Now that goes to shqw the importance of you being down there all the 
 time, Rit." 
 
 Rittenhouse immediately rejoined, "What's the matter with the 'King 
 of Detectives?' he was asleep this afternoon." 
 
 As a result of these identical errors by Dimond on the stand in the course 
 of his examination and numerous other coincidences which Rittenhouse then 
 pointed out to Mr. Heney in Dimond's admitted correspondence, it was clearly 
 proven that Dimond had written the two anonymous letters to Secretary Hitch- 
 cock, and the Government even proved that he was the writer of one which he 
 claimed to have received from some unknown source, and which he had written to 
 himself to use as a "club" on Hyde to make the latter pay him a fee of $10,000 
 which Dimond claimed was due him from Hyde. 
 
 Judge Stafford, of the Supreme Gourt of the District of Columbia, pre- 
 sides at the trial of the four defendants, while Judge Arthur B. Pugh, Special 
 Assistant to the Attorney-General, and Daniel W. Baker, United States Attorney 
 for the District of Columbia, ably represent the Government in the proceedings. 
 Hyde is defended by A. S. Worthington, a prominent lawyer of Washington, D. 
 G., and the legal interests of Benson are skillfully guarded by J. C. Campbell, 
 of San Francisco. 
 
 Page 487 
 

 ^'^^'^ 
 
 UNCLE SAM AS HE MAY APPEAR TH'ENTY YEARS EROM NOW 
 
 Chief Eorester Pinchot declares that the supply of timber in this country 
 
 will be exhausted in twenty years if nothing is done to protect it 
 
 Spokane Spokesman- Review 
 
Index 
 
 List of Illustrations 
 
 Page 
 
 Francis J. Heney (Steel Engraving) Frontispiece. 
 
 Buffalo Head on Wyoming Plains 13 
 
 Puter's Old Home in Humboldt County, California 14 
 
 Gulliver and the Lilliputians 17 
 
 A King of the Redwood Forest 19 
 
 Fallen Redwood Giant 20 
 
 Desert Automobiles 21 
 
 The Dead Monarch 24 
 
 ' ' Old Pard' ' Mays 26 
 
 Willard N. Jones 29 
 
 House Made of Beer Bottles 32 
 
 Thomas B. Neuhausen, Special Inspector, Interior Department 34 
 
 Puter Making Estimates on Fraudulent Claim 37 
 
 Map Showing Fraudulent Timber Entries in Township 14 S., Ranges 3 and 4 East 39 
 
 Sample of Timber on Fraudulent Claim 41 
 
 Oregon City Land Office 43 
 
 Field Marshal Kribs 45 
 
 Map of the Famous Township ' '11-7" 47 
 
 Horace G. McKinley 49 
 
 Ardigah Falls 51 
 
 Linn County Courthouse 54 
 
 Cedar Stump House 56 
 
 Bearing Tree in ' ' 11-7" 59 
 
 Ex-Commissioner of the General Land Office Binger Hermann 62 
 
 Daniel W. Tarpley 64 
 
 " T. A. " Ranch on Crazy Woman Creek, Wyoming 66 
 
 Puter Cooking Flapjacks on Bogus Homestead Claim 69 
 
 ' 'Line-Up" at Vancouver, Washington, Land Office 71 
 
 Cornerstone of Two Fraudulent Claims 73 
 
 Scene in Township 8 S., R. 3 E 75 
 
 Homestead Claim in Lakeview Land District 78 
 
 Group of Nevada Prospectors 79 
 
 Character of Yellow Pines in the Deschutes Country 82 
 
 A. B, Hammond 85 
 
 Ex-Special Inspector A. R. Greene 87 
 
 Special Agent Making Field Investigation 90 
 
 The Late Judge Charles B. Bellinger 93 
 
 Coal Lands of Wyoming Acquired Fradulently 96 
 
 Ex-United States Senator Fred. W. Mulkey 99 
 
 United States District Judge William H. Hunt 102 
 
 ' ' The Lure of the Sagebrush" (Poem) 104 
 
 Sample of Timber in Township 1 S., Range 6 W 108 
 
 Garden Patch in Heart of the Forest 113 
 
 Mrs. Emma L. Watson " 115 
 
 Captain J. A. Sladen 119 
 
 Prof. F. J. Toland 124 
 
 Judge Thomas O 'Day 129 
 
 Mammaloose Island 132 
 
 Monarch of the Sugar Pine Forest 135 
 
 Mount Jefferson, Oregon 137 
 
 Judge Martin L. Pipes 139 
 
 Forest Rangers' Cabin on Minto Mountain 141 
 
 Page 489 
 
Page 
 
 Captain Salmon B. Onnsby 143 
 
 Government Surveying Party 147 
 
 ' "Leather Stocking' ' Walgamot 149 
 
 Clyde D. Lloyd 151 
 
 Snowdrifts in June 154 
 
 George R. Ogdcn 156 
 
 Government Surveyor Barber Identifying Comer 158 
 
 Robert B. Montague 161 
 
 Maud Witt 163 
 
 Frank E. Alley 165 
 
 Judge O'Day Grilling Witness Heidecke 167 
 
 Puter Estimating Timber on C. A. Smith Claim 170 
 
 Special Agent J. H. Alexander 173 
 
 The Famous United States Grand Jury 177 
 
 Sample of Tillamook County Timber 181 
 
 Foothills of the Big Horn Movmtains 184 
 
 Clerk J. F. Casey, of the General Land Office 187 
 
 A Glimpse of the High Sierras 191 
 
 A Typical Mountaineer Named Andy NichoUs 193 
 
 Group of Portland Newspaper Men 197 
 
 Mount Hood, Oregon 201 
 
 Lumber Flume at Bridal Veil, Oregon 205 
 
 Samples of Lubricant 209 
 
 Scene on the Allie Houser Claim 211 
 
 Irvin Rittenhouse 213 
 
 Judge Tanner on the Witness Stand 215 
 
 Harry C. Robertson 217 
 
 Heney Arguing the Mitchell Case 218 
 
 Ex-United States Senator John M. Thurston 210 
 
 The Late United States Senator Mitchell 221 
 
 A Group of Sugar Pines 227 
 
 United States District Judge John J. DeHaven 228 
 
 Marie Ware-McKinley 231 
 
 "Chink in Stocks" 233 
 
 State Senator Robert A. Booth 237 
 
 Eskimo Grave on St. Michael's Island 239 
 
 William J. Bums 241 
 
 Fenway Branch Postoffice, Boston, Mass 245 
 
 Women Homesteaders in Lane County, Oregon 249 
 
 The Last Line-up in Oregon 253 
 
 Trading Station in the British Possessions 257 
 
 United States District Judge Charles E. Wolverton 261 
 
 An Official Inspection 266 
 
 William C. Bristol 271 
 
 Bogus Homestead Claim on Summit of Sierras 275 
 
 Some Clackamas County, Oregon, Timber 280 
 
 United States Marshal Charles J. Reed, of Oregon 285 
 
 Robert L. Stevens, Sheriff of Multnomah County, Oregon 290 
 
 ' ' Dad ' ' Hunter, Jailer of the Multnomah County Jail 292 
 
 Puter at Work in His Cell 294 
 
 Map of Township 13 S., R. 3 E., Linn County, Oregon 296 
 
 Plat of Township 13 S., R. 4 E., Linn County, Oregon 298 
 
 United States Surveyor-General George A. Westgate 299 
 
 Logging Train in Humboldt County, California 301 
 
 Sample of Redwood Timber in Humboldt County, California 303 
 
 C. A. Smith 307 
 
 ' 'Bull Donkey' ' in Operation Among the Redwoods 309 
 
 The Sequoia's Last Stand 312 
 
 The Happy Family 314 
 
 Ex- United States Senator George W. McBride, of Oregon 318 
 
 T. W. Davenport 323 
 
 Ex-United States Senator Joseph Simon, of Oregon 326 
 
 Page 490 
 
Page 
 
 Ex-Governor T. T. G-eer, of Oregon 331 
 
 Official Pet of Gibsonville, California 333 
 
 Governor George E. Chamberlain, of Oregon 335 
 
 Railroad Commissioner Oswald West, of Oregon 337 
 
 Dr. Van Gesner 340 
 
 Government Exhibit in the Williamson Case 343 
 
 ' ' Scapegoat " 345 
 
 Ex-Congressman J. N. Williamson, of Oregon 346 
 
 Yellow Fir Logs Ready for the Bull Donkey 349 
 
 George Sorenson 353 
 
 Marion R Biggs 355 
 
 John H. Hall 359 
 
 Edward A. Putnam 361 
 
 Edward W. Dixon, Chief of Field Division No. 3 363 
 
 Stupendous Scheme of Illegal Fencing 365 
 
 "Pretty Moth" of Oregon Politics 367 
 
 Map Showing Mt. Rainier National Park Steal of the Northern Pacific 369 
 
 James Henry Booth, Ex-Receiver Roseburg Land Office 372 
 
 Gold Dredger at Work Near Oroville, California 375 
 
 Critical Moment in the Williamson Case 378 
 
 Sample of Burnt Over Lands of the Northern Pacific in Mt. Rainier National Park .... 381 
 
 J. F. ("Jack") Kerrigan 384 
 
 The Picture that Elected Binger Hermann to Congress 386 
 
 John F. Cusack, Professional ' ' Cruiser' ' 391 
 
 Corner Post and ' 'Bearing Trees' ' 393 
 
 Yellow Pine Tree in the Big Meadows 394 
 
 Horace Stevens 397 
 
 Museum of the California State Mining Bureau 404 
 
 Birdseye View of Oil Field in Southern California 406 
 
 Sample ' ' Seepage ' ' in the Oil Fields 407 
 
 Standard Oil Drilling Rig in Operation 411 
 
 Lewis E. Aubury, State Mineralogist of California 419 
 
 Town of Taylorsville, Plumas County, California 421 
 
 La Porte, Plumas County, California 423 
 
 Scope of Operations of Timber Thieves in Mineral Belt 425 
 
 Scene in the United States Land Office at Susanville, California, During Great Rush for 
 
 Timber in 1902 426 
 
 Fredonia Pass, Lassen County, California 427 
 
 Camel's Peak, Plumas County, California 428 
 
 H. H. Yard, the "frenzied' ' Mineral Locator 429 
 
 Gibsonville, Sierra County, California 430 
 
 Edward H. Benjamin 432 
 
 Thomas B. Walker 435 
 
 State Mineralogist Aubury in His Office 437 
 
 The Late Michael A. Meyendorff, Special Agent, General Land Office 449 
 
 Ex-Secretary of the Interior, Ethan Allen Hitchcock 453 
 
 Embryo Matches 454 
 
 Dr. Harry Lane, Mayor of Portland, Oregon 457 
 
 Enormous Timber Growth in the Siletz Country 463 
 
 James Rudolph Garfield, Secretary of the Interior 465 
 
 Scene in the Sunset Oil Fields, Kern County, California 468 
 
 An Humble Home in the Siletz Country 470 
 
 Palatial Residence of a Siletz Homesteader 471 
 
 Ira Wade, Clerk of Lincoln County, Oregon: 472 
 
 United States Senator Charles W. Fulton, of Oregon 475 
 
 Sample Residence of a Siletz Homesteader 476 
 
 R. A. Ballinger, Ex-Commissioner General Land Office 478 
 
 Thad. S. Potter 480 
 
 Fred Dennett, Commissioner of the General Land Office 481 
 
 Arthur B. Pugh, Special Assistant to the Attorney-General 484 
 
 Daniel W. Baker, United States Attorney for the District of Columbia 486 
 
 Uncle Sam, as He is Liable to Appear Twenty Years Hence 488 
 
 Page 491 
 
Contents 
 
 Page 
 
 INTRODUCTORY 7 
 
 CHAPTER 1 15 
 
 Knrly life of Puter in the California Redwoods, showing how he was reared amidst scenes of 
 turmoil and bereft of refining influences — Details the Indian outbreak of forty years 
 afjo, wherein his childhood home was reduced to ashes — Gives his experience as a lum- 
 berman and practical logger — Also tells the story of his initial connection with Govern- 
 ment lands, and how his environs were such as to inspire him with a desire to prey 
 upon the public domain — Describes the first fraud of anv consequence under the 
 Timber and Stone Act of June 3, 1878. 
 
 CHAPTER n 21 
 
 Stephen A. Douglas Puter meets Franklin Pierce Mays, and the pair form a mutual admira- 
 tion society, which ripens into a business relationship of many years' standing. He 
 also comes in contact with Willard N. Jones, and subsequent events indicate that there 
 was all kinds of pleasure and profit in the association of the Triumvirate. Describes 
 some of their crooked transactions in connection with the public domain, and also tells 
 how Ex-SurveyorGeneral Meldrum refused to Vie buncoed. Operations of Puter and 
 Jones result in a criminal proceeding of a "holdup" character, and marks the Land- 
 Fraud King's first appearance as a defendant. 
 
 CHAPTER III 33 
 
 C. A. Smith, a Minneapolis millionaire, engrosses the attention of the Land-Fraud King, 
 and their acquaintance ripens into a clever scheme to bunco Uncle Sam out of a vast 
 tract of Oregon timber. The outwitted Northern Pacific seeks revenge by having Mc- 
 Kinley arrested, and is also blamed for reporting the matter to the Government. As a 
 result of subsequent investigations by the Land Department, several special agents falJL 
 by the wayside under the mystic spell of Fred. Kribs' tainted money, and the effort to 
 acquire patents on the fraudulent entries marks the first step in the downfall of United 
 States Senator John 11. Mitchell. 
 
 CHAPTER rV 46 
 
 History of the Famous Township "11-7" deal, whereby Puter and his associates demon- 
 strate conclusively that there is an actual method of stealing Government land — Des- 
 perate efforts of the conspirators to secure the early issuance of patents on the fraud- 
 ulent claims includes the wholesale bribery of public ofiicials of both high and low 
 degree — Details of the transaction in which United States Senator John H. Mitchell, of 
 Oregon, figures as the taker of tainted money in the shape of two $1000 bills for his 
 services in securing favorable action by the Land Department at Washington. 
 
 CHAPTER V 67 
 
 Emboldened by their success in the "11-7" deal, Puter and McKinley seek new worlds to 
 conquer, and are rewarded by making a rich haul in Township "24-1" — McKinley 
 plays an interesting hold-up game with Clyde Lloyd in the transaction, his careless 
 methods resulting in laying the foundation for subsequent Governmental prosecutions — 
 The irrepressible Franklin Pierce Mays also takes a hand in the game upon a per- 
 centage basis, and poor Hobson is left with his usual choice. 
 
 CHAPTER VI 80 ' 
 
 Details of a well-laid plot to raid the public domain in the Deschutes Country, wherein 108 
 "dummies" seek to acquire 17,280 acres of fine timber land for speculative purposes 
 — A combination of adverse circumstances operates to Puter's disadvantage, notwith- 
 standing the collossal ideas of "Old Pard" Mays on the subject of evading conse- 
 quences — -A. B. Hammond, a wealthy Pacific Coast lumberman, figures as a bold finan- 
 cier, but is prevented from doing business on account of the general cussedness of in- 
 animate things — Inspector Greene, of the Interior Department, strikes a smoking trail, 
 and a case of mistaken identity leads to an amusing situation. 
 
 CHAPTER VII 91 
 
 Petty controversies between McKinley and young Lloyd over money matters furnishes the 
 basis for the first land fraud indictments in Oregon — Colonel Greene has his suspicions 
 aroused by reason of the "241" transaction, and lifts the lid from the ugly mess — 
 Incidentally, Special Agent Linnen, of the General Land Office, distinguishes himself in 
 the terpsichorean art while in search of evidence against the conspirators — Francis 
 J. Heney, Special Assistant to the United States Attorney-General, makes his initial 
 appearance at the land fraud trials, and his presence causes a general scurrying to 
 shelter by the two female defendants, as well as considerable anxiety on the part of 
 F. P. Mays. 
 
 CHAPTER VIII 97 
 
 Wherein Mrs. Kmma L. Watson is spirited away under the advice of Attorney F. P. Mays, 
 and an interesting account is given of the frantic etTorts made by the Government to 
 discover her hiding-place — Sleuth Gallagher shows up to good advantage in the start, 
 but is finally obliged to let 'er go — Puter relates the ingenious methods resorted to by 
 himself and McKinley in throwing the secret service man off the scent, and altogether, 
 enough queer mix-ups occur to make the affair a "Comedy of Errors." 
 
 Page 492 
 
Page 
 
 CHAPTER IX 105 
 
 Capture of Mrs. Watson in Chicago by Government sleuths after a hide-and-seek game of 
 long duration — The Windy City newspapers draw the long bow in describing the affair, 
 and print photographs of attractive actresses to represent the fair prisoner, in lieu of 
 her genuine picture, which has never been published heretofore — Puter details 
 his clever efforts to throw the Secret Service off the scent, and almost succeeds in 
 getting Mrs. Watson out of town — -Detective Gallagher comes in for a gilt-edged 
 "roast" at the hands of Mrs. Watson, and Special Inspector Greene, of the Interior 
 Department, indulges in a wild-goose chase to his sorrow. 
 
 CHAPTER X 123 
 
 Heney's coup in substituting the 11-7 case for that of the 24-1 throws consternation in the 
 ranks of the defendants, and upsets Mays' arrangements with United States Attorney 
 Hall to have Heney beaten in the weaker case, so as to open the doors for the dis- 
 missal of the other — Marie Ware meets an interesting mining man, who is assiduous in 
 his attentions, and almost wins her tender young heart, but he proves to be Douglas W. 
 Doyle, of the Government Secret Service, and the astounding discovery causes the wed- 
 ding bells to go on a strike- — Colonel Greene shows to disadvantage as a sleuth — - 
 Details of the final preparations for the great 11-7 battle. 
 
 CHAPTER XI 136 
 
 Trial of the famous "11-7" case ends in speedy conviction after a series of sensational 
 developments — Puter charges that himself and associates were to be sacrificed as a 
 burnt offering in atonement for the sins of those "higher-up" — Incidentally, the land 
 fraud king pays his respects to John H. Hall, and shows how the efforts of the ousted 
 United States Attorney to hide Heney's light under a bushel met with disastrous 
 consequences — Binger Hermann's fickle memory proves a factor at the trial, but fails 
 to save the defendants — Telegraphic correspondence between Heney and Mitchell indi- 
 cates the powerful pressure brought by the Government to secure the Senator's at- 
 tendance as a witness — Special Agent Loomis and Forest Superintendent Ormsby shine 
 as pastmasters in the art of making misleading reports. 
 
 CHAPTER XII 171 
 
 Pu ter 's motivesf or aiding the Government — His cooperation with Henelf and Burns the 
 ' mainstay in the efforts Tb^^^onhect United States Senator John H. mitchell with the 
 
 Oregon land frauds — How Frederick A. Kribs was driven into a corner and forced to 
 "peach'' on his friends — C. A. Smith, the notorious Minneapolis millionaire, saved by 
 the statute of limitations — Unique system of "mining" pursued by the Secret Service 
 Department in reducing the strongholds of conspiracy. 
 
 CHAPTER XIII 212 
 
 Evidence produced before the Federal Grand Jury by Fred A. Kribs and others results in 
 the indictment and subsequent conviction of United States Senator John H. Mitchell, 
 of Oregon, for violation of Section 1782 of the Revised Statutes — Judge Tanner, 
 Senator Mitchell's law partner, breaks down in the Grand Jury room, and in order to 
 save his son from criminal prosecution, confesses that a fake partnership agree- 
 ment between the law firm of Mitchell & Tanner had been substituted for the original, 
 and changed so as to exonerate Senator Mitchell from any criminal liability — Some 
 interesting inside history of the manner in which the Government secured damaging 
 evidence against the accused statesman, wherein Irvin Rittenhouse, private secretary 
 to Prosecutor Heney, distinguishes himself as a sleuth. 
 
 CHAPTER XIV 229 
 
 Tells how the acquaintance between the land fraud king and his chief lieutenant originated 
 — Also gives a graphic account of the brilliant social function in Chicago, wherein 
 the gay and festive Horace G. McKinley leads the charming Marie L. Ware to the 
 altar, both bride and groom being exceedingly well known in land fraud circles — Cards 
 are sent out announcing that the happy couple would be "At Home" in 11-7 — 
 Recites the preparations for McKinley 's flight to the Orient, and pretends to describe 
 the form of punishment meted out by the Chinese Government to its own looters of 
 the public domain in the Flowery Kingdom. 
 
 CHAPTER XV 234 
 
 Describes -Eiiter's- -flight from the Pacific Coast upon learning that the Oregon State 
 "" authorities were after him on account of his connection with alleged fraudulent school 
 land deals in that State — Also tells about the various disguises he adopted to avoid de- 
 tection, and gives the inside facts pertaining to his unique system of correspondence 
 with his family and friends for the purpose of baffling pursuit. 
 
 CHAPTER XVI 240 
 
 Full particulars regarding Puter' s exciting capture by Secret Service Agent Burns at the 
 Fenway Branch Postoffice in Boston, on the night of March 26, 1906, and his subse- 
 quent sensational escape from the famous Government sleuth — Clever plans are pre- 
 pared lor ensnaring the land fraud king, but the postmaster's blunder upstes calcula- 
 tions — ^Puter's gun-play after a fierce battle on the sidewalk causes the great detective 
 to beat an unceremonious retreat and enables the wily land grabber to get away — De- 
 tails successful efforts to evade re-capture, and tells about his wanderings following 
 escape from Burns. 
 
 CHAPTER XVII 254 
 
 The King of the Oregon Land Fraud Ring encounters a Boston lawyer, who furnishes him 
 some valuable up-to-date ideas on the subject of "cultured" looting — Holds Puter up 
 to the tune of $322 for collecting a $1022 check — Describes his interesting experi- 
 ences as a fugitive from justice and the clever methods adopted to evade the Govern- 
 ment sleuths. 
 
 Page 493 
 
Page 
 ' CHAPTER XVIII 267 
 
 Puter returns to tlio I'acitic ("oust for the jnirixise of throwing himself upon the leniency of 
 Francis J. lleney, und is reciii)tured by (iovernnient Secret Service Agents and local 
 officers after a scries of excitinc adventures — (lives a vivid account of his arrest and 
 subsequent conlinenient in various jails, in the course of which he hands of Sheriff of 
 ^Alameda County some left-handed complinientK for his Russianized methods of con<luct- 
 rng a prison — Is much shocked to lenm that lie was betrayed by Allie McKinley, his 
 former partner's cousin — Is transporti'd to Portland. Orecon, "where he receives a 
 M'vere sentence for his misdeeds — Takes u|> the burdens of life as philosophically as 
 possible in the Multnomah (.'ounty jail, and receives a New Year's gift from President 
 Roosevelt in the form of a ])ardon. 
 
 CHAPTER XIX 295 
 
 C". A. Smith, the mull i-millionaire of Minneapolis, and candidate for the I'nited States 
 Senate from Minnesota, grows exceedingly "chesty"' when he imagines Puter has 
 joined the "])own and Out" Club on account of being a fugitive from justice, and 
 gives a local newspaper a false interview concerning the land fraud king — The latter 
 retaliates, and proves Smith to be not only the I'remier Disciple of Ananias, but a 
 Shylock of the first water and a miser of the deepest dye, behind whom the turnkey 
 stalked with lieiidish glee until the statute of limitations kindly came to his rescue. 
 
 CHAPTER XX 315 
 
 A few pertinent fa<'ts connected with Oregon State School Lauds, which have a tendency 
 to throw ct)nsi(lerable light on the inner workings of one system of plunder slightly out 
 of the ordinary — Indemnity selections are shown to be a favorite method of operation, 
 and the "School Land Ring" comes in for its share of attention — Governor Pennoyer's 
 heart and the State Treasury are touched simultaneously l)y a clever ruse, wherein a 
 bum actor plays a leading part — How the Hyde-Benson gang stole a march on the 
 Oregon "Push,'' and got away with 40,000 acres of lieu in the cascade Forest Reserve 
 under their eyes, causing much wailing and gnashing of teeth among the "faithful" — 
 Ex-Governor (Jeer looms up in the land fraud limelight — The election of Governor 
 Chamberlain marks the downfall of the School Land sharks, and Oswald West earns an 
 enviable reputation as State Land Agent — Puter's explanation of the State indictments 
 against him. 
 
 CHAPTER XXI 339 
 
 Conviction of Congressman Williamson, Dr. Van Gesner and Marion R. Biggs, for con- 
 spiracy to defraud the Government of its public lands, after three stubbornly-contested 
 trials — Apprehending a third disagreement of the jury, Heney prepares for a fourth 
 trial of the case — The United States Supreme Court grants Williamson a new trial 
 upon grounds that practically open the doors for all forms of abuse of the timber land 
 laws, and legalizes the ''dummy" system of acquiring titles under the Act of June 
 ■^. IMTS. 
 
 CHAPTER XXII 347 
 
 Details of the great Blue Mountain Forest Reserve conspiracy, as outlined at the trial of 
 F. P. Mays, W. N. Jones and George Sorenson — All three defendants are convicted 
 after a trial that broke all records in the Federal Courts of Oregon for longevity — 
 McKinley and Tarpley work a shrewd flim-flam game on Mays, who threatens to 
 "checkerboard" their holdings unless they pay tribute to his autocratic power — 
 Almost the entire Oregon delegation in Congress is implicated in the plot to establish 
 the Blue Mountain reserve, which develops into a clever scheme to convert a large 
 (lu'i'itity of school land into forest reserve scrij). 
 
 CHAPTER XXIII 257 
 
 John H. Hall's repeated efforts to protect his political associates from criminal prosecution 
 for violations of the Federal statutes results in his conviction for consi)iracy in the 
 Butte Creek Land, Livestock & Lumber Company Case, during which a gigantic scheme 
 of inclosing Government land is laid bare — Nearly 20,000 acres of the public domain is 
 inclosed in a vast pasture by the wealthy corporation, but the persistency of Edward 
 A. Putnam, a small stockraiser, in fighting for his rights, is the David that destroys 
 the Goliah of evil — Senator Fulton's name is brought under an unpleasant limelight by 
 the Court proceedings, and the inactivity of former United States Attorney Hall is 
 established clearly by the testimony, especially where those "higher up" were 
 involved — George C. Brownell, the uncrowned king of Clackamas county politics, is 
 absolved from blame by Government Prosecutor Heney, as a result of Henry Meldrum's 
 fnnf(>ssions. 
 
 -CHAPTER XXrV 368 
 
 Under the guise of creating a National Park from the bleak territory surrounding Mt. 
 Rainier, Congress enacts a measure giving the Northern Pacific Railroad Company 
 autocratic powers in the selection of Government lands, and enables the Hill cor- 
 poration to exchange its worthless holdings for valuable tracts in every State pene- 
 trated by its lines — How the Land Department, \inder the Ballinger regime has aided 
 the Northern Pacific with its lieu selections — With less than thirty miles of con- 
 structed road in Oregon, the railway company is empowered by Congress to make selec- 
 tion of more than 300,000 a<-res of valuable timber lands in that State — The bulldozing 
 manner in which settlers are iirevented from taking homestead claims. 
 
 CHAPTER XXV 388 
 
 Some interesting information on the subject of '■cruisers," showing the imi)ortant work of 
 this highly necessary class in connection with the lumbering industry — Honesty and 
 integrity a prime factor in the business of estimating timber — How dealers in timber 
 lands are often swindled by misleading reports of dishonest cruiser.s — Also exposes the 
 scheme of land locators to catch victims, and furnishes a way of preventing deception 
 in this respect. 
 
 Page 49i 
 
L^ 
 
 CHAPTER XXVI. 
 
 Page 
 . 395 
 
 History of the famous contest between the Scrippers and Mineral Locators in the Kern 
 River oil fields of California, over the titles to valuable petroleum lands, wherein 
 Binger Hermann figures as the Good Samaritan — The plot also thickens, involving a 
 high Federal official in its meshes, besides having something to do with the mysterious 
 disappearance of Henry J. Fleischmann, the petted child of fortune, with half a 
 million dollars belonging to the funds of a Los Angeles bank, and "no questions 
 asked" or arrests made. 
 
 CHAPTER XXVII 417 
 
 Great rush of Eastern timber speculators with a horde of dummy entrymen into the virgin 
 ^^_^- forests of Northern California impels the State Mininjr Bureau to "send a special agent 
 .--'^'^ to the aflfected districts for the purpose of investigating numerous complaints relative 
 
 to encroachments on unpatented mining claims by the greedy grabbers — His report to 
 State Mineralogist Anbury has the effect of drawing the President's attention to the 
 situation, with the result that an Executive proclamation is issued, making provisional 
 suspension of a vast territory for forest reserve purposes, and calling a halt on 
 further depredations — It also encompasses the loss of several official heads in the Land 
 Department, and likewise reveals a cunning scheme to grab 265,000 acres of valuable 
 timber land by process of placer mining locations, in order to blaze the way for the 
 coming of the Western Pacific railroad. 
 
 CHAPTER XXVIII 442 
 
 ^ji^^ Grist of the Government's land fraud mill in the shape of indictments and convictions — 
 How the famous Federal Grand Jury of Oregon put a stop to the reign of the looters. 
 In the course of a session lasting several months, the body returns numerous indict- 
 ments covering about every phase of the land fraud situation with the result that 
 twenty-seven persons have already been convicted while other trials are to follow. — 
 Resume of the different eases showing social status of most of those involved. 
 
 CHAPTER XXIX 455 
 
 A few arguments in support of President Roosevelt's forestry policy — How the creation 
 of reserves has been the salvation of the timber industry in this country — "Views of 
 those well-informed indicate that it was a wise plan to place the control of the forests 
 in the general Government, and that the only protest comes from selfish interests — 
 How the Denver Public Lands Convention had the tables turned in the effort to 
 discredit the President's policies. 
 
 CHAPTER XXX 469 
 
 The story of Siletz — How the Indians were robbed of their homes for the benefit of pale- 
 faced looters, under the guise of treaty rights — The scheme to open the reservation to 
 settlement under a special homestead law merely a cloak for grabbing the timber by 
 dishonest methods, as only a few entrymen were acting in good faith — The part 
 United States Senator Fulton, of Oregon, took in the game of trying to induce the 
 Secretary of the Interior to expedite the issuance of patents to the bogus entries of 
 Willard N. Jones — How old soldiers were lured into committing perjury by the clink 
 of land fraud gold — Fulton's senseless warfare on William C. Bristol prevents the 
 latter from being confirmed as United States Attorney for Oregon, and also helps ma- 
 terially in the overthrow of Fulton at the polls. 
 
 CHAPTER XXXI 483 
 
 Brief history of the famous Hyde-Benson-Schneider-Dimond Conspiracy Case, now on trial 
 at Washington, D. C. — Defendants brought to bar after four years of vexatious delays 
 — Some interesting features in connection with the manner in which the evidence 
 against the accused was unearthed by the Government. 
 
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