The School Lands Fraud and Corvallis, Oregon
by Stephen A.D. Puter ("King of the Oregon Land Fraud Ring" - 1908)
Oregon was blessed at inception by receiving twice as much land from the federal government for school support as any other state. A thirty second of every preceding state had been set aside for schools upon admission. In Oregon, the figure was doubled, to one-sixteenth. Managed wisely, these lands could have provided generous school support until the end of Time. Instead, the state legislature (click here), catering to the whims of unscrupulous operators (see below and here) who partnered with timber companies (click here). Many ordinary people collaborated. As Puter points out, this collaboration could often be bought for the price of a beer from an exiled and lawless population whose Southern origins (click here) precluded a concern for children and education. By 1910, the legacy of Oregon kids was largely squandered, and usually for a pittance, by the adults charged with their care.
 |
| Above: Check from the 'Oregon Land Fraud Ring' to Oregon Senator Mitchell, later indicted. The immensely lucrative School Lands Fraud was a small part of the Oregon Land Fraud, which involved both Oregon Senators, a Congressman, several governors, a majority of the legislature,judges, county and city clerks, several US Land Commissioners and US attorneys, the Oregonian, as well as a substantial portion of the residents of Detroit, Sweet Home, Newport, Albany, and Corvallis - the latter including Alexander Brown. It was finally broken up by Assistant US Attorney Heney from San Francisco, and a grand jury drawn from wide parts of the state and which included W. H. Dilley of Corvallis. Today, the 'land swaps' engineered by Puter remain a source of abuse. See here. For Puter's story of the Land Fraud role in the Mt. Ranier National Park, see here. |
LOOTERS OF THE PUBLIC DOMAIN BY S. A. D. PUTER KING OF THE OREGON LAND FRAUD
RING IN COLLABORATION WITH HORACE STEVENS LATE OF THE GOVERNMENT 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
TO THE MEMORY OF DAVY CROCKETT ONE OF THE SAINTED HEROES OF THE ALAMO, WHO GAVE
VOICE TO THE IMMORTAL EXPRESSION FIRSTBE SURE YOURE RIGHT THEN GO AHEAD THIS
VOLUME IS RESPECTFULLY DEDICATED BY THE AUTHORS
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 public
lands, has sent forth through these pages a series of narratives that is
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 ~4ert
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 an
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
affecting 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
Page 8
banks, but we realize that it is not an everlasting condition; epidemics may
devastate communities, though history shows their existence is short-lived, 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
Page 9
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
among unscrupulous residents of distant partsin 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 13. 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 Westwho, 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 insinuationand 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
Mainsince 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 Puters
efforts along those lines puny in comparison ? The answer is embodied in the
fact that 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 o.f 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 Depaitment of Justice
in Washington, there is still ample opportunity for checking this immense steal.
The proofs of the frauds relative Page 9
Page 10
to much of the 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.
Aubury, State Mineralogist of California, covering extensive investigations of
Walkers 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. I3allinger, during his visit to the Pacific Coast in
the Summer of 1907, in the course of an interview in the San Francisco Examiner,
is quoted as declaring that his Department would make no effort 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 i~ at all necessary for any State officer to call the
attention of a high Government official to matters affecting 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 I3allinger 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 Puters 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 Puters 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 suffer 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
Page 11
It is idle for Eastern magazine writers of the slobbery variety to declare that
Puters 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 Puters 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 chanceswith 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 cameas come it must where
dishonest methods are the incentiveand 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 retributionthe
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 thoge 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 case 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
serpent. 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
sufficiently 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 beloxv 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
Page 12
that have moved men to criminal expedients that the road through honest attain-
ment might be shortened. It might be erroneously supposed, becanse of this
criminal activity, that there was lack of opportnnity for the honest acqnirement
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 bona-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-off 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 peoples 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
Page 13
country that has its parallel in the history of the downfall of the Roman
Enipire; ( 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.,i~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. Page 13 Buffalo Head on Wyoming
Plains
Page 14
Puters old home in Humboldt County, Cal. It was here the author was reared. When
scarcely 19 years old, he built the house and barn almost without assistance
Puter may be observed standing by his sisteron horseback
Page 15
Chapter I Earlylife of Futer in the California Redwoods, showing how he was
reared amidst scenes of turmoil and bereft of refining influencesDetails the
Indian outbreak of forty years ago, wherein his childhood home was reduced to
ashesGives his experience as a lumberman and practical loggerAlso tells the
story of his initial connection with Government Lands, and how his environs were
such as to inspire him with a desire to prey upon the public domainDescribes the
first fraud of any consequence under the Timber and Stone Act of June 3, 1878.
By S. A. D. Puter WAS BORN January 6, 1857, in Trinity County, California. Two
years I 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
surviveLawrence F. Puter, an attorney of Eureka, California, and one of my
counsels in the Township 1 1-7 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 Arcata, 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
an(l en- gaged in mining, leaving his family in Arcata. 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 Arcata 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 fathers absence in Idaho,
the family experienced many hardships and privations, particularly 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 tipon 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
Page 16
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 flue buck elk, that probably weighed upwards of 700 pounds. It
had frequently 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 meatat least, that
was my way of viewing the matter. Besides, I wanted to show the folks that I
wasnt 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 fathers
absencethat 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 off. 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. My 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
limit. 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 Arcata 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. Then cabins so constructed consisted of a shack made out of shakes
or split boards, Page 16
Page 17
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 et 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, Mr.
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
Page 18
necessary in this connection was for the entryman to appear at the land office
at the time of making the filing, 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 appearance of the entryman at the land office, both
at the time of filing and when making final proof. Under these conditions, the
company was ena1~led 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
Coffee Jacks~ 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 papers 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 differ- 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 different 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 companys 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 saline. 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
Page 19
One ofthe Kings of the Redwood Forest in Hnmboldt Connty, California
Page 20
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 shall have occasion later to make
reference to the Smith deal. After the big frauds in Humboldt timber lands had
been exposed, and the titles to the bogus entries suspended, and while the
prosecutions against the companys 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 booming, every hotel in the timbered sections of the sti~te being
crowded with timber land speculators, cruisers and locators. I went into the
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 order; 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,~ Iage 20
Page 21
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 differe~ t 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, which action had
the effect 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 make the land
business unpopular for the time being, the land grabbers having about all they
could do to keep out of jai~ 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 Governments 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 Minnesota, 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
Page 22
Chapter II Stephen A. Douglas Futer meets Franklin Pierce Mays, and the pair
form a mutual admiration 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 pro fit in
the association of the Triumvirate. Describes some of their crooked transactions
in connection with the public domain, and also tells how E.r-Surveyor-General
Meldrum refused to be buncoed. Operations of Futer and Jones result in a
criminal proceeding of a hold-up char- acter, and marks the Land-Fraud Kings
first appearance as a defendant. URING the Fall of 1890, Franklin Pierce Mays
was United States Attorney D for the district of Oregon. I first met him at the
U. S. Surveyor-Generals office, xvhich was then located in the present
postoffice building and on the floor above Mr. Mays office. As I was frequently
in the Surveyor-Generals office examining the field notes of different
townshipet, 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 o~lad to learn of this opportunity to make a new friend, more particularly
on account of the gentlemans position and the influence he might wield in my
behalf, and I was frank to inform Mr. 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-Generals office in Portland, \vhich
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-Generals
office. He learned that I was in the timber business, Page 22
Page 23
and shortly after our first 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 to 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 ANT) 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. Txvo trips were necessary in doing
this, twenty persons being taken at a time. The land had Page 23
Page 24
previously been surveyed, but not accepted, so there 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 of the quarter section he was to file on under the Timber and
Stone Act. The next proceeding was to build the cabins on the different 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
Page 25
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. Meldrums contract,
however, was approved in 1891, and sufficient funds appropriated for the
purpose, so it became necessary for~ him to re-survey the land. While Meldrum
was engaged in doing this, Jones and myself met him on the land on several
different occasions, and we entered into a c5ntract 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 Surveyor-General and the township thrown open to
entry. While xvaiting 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 required 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 DArcy, 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
Page 26
Old Par? Mays A A /7(7, 7 /7
Page 27
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 made 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 Mays 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 oclock 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 Agents
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
Page 28
eighty 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 np 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 Grater 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 quarter 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 I had no fnrther 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 off 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 3-7 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
3-7 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-fide settlers in
Township 3 North, Ranges 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 Reserve, which is not available
for that purpose as yet. (Signed.)HENRY MELDRUM, 0. 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
Page 29
N
Page 30
Scarcely forty 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 iii these lands, I could readily understand why
the United States Attorney was 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 deal drop altogether. It developed later, in fact, that
Mays 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 m~in 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 heard, 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 dd rascal,
was the reply. Hows 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 xvas 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 any 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. When 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
Page 31
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 settlement 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
Page 32
sold during the Spring of 1906 to Wheeler et 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. Page
32 House made of beer bottles in Tonopak Nevada. Ten thousand bottles
incorporated in structure
Page 33
Chapter III 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 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 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 down- fall of
United States Senator fo~hn 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 viewthose that prom- ised to yield large returnsbut 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 offer, 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
Page 34
ThomasB. Neuhausen, Special Inspector, Interior Department one of Heneys chief
aids in the land fraud prosecutions
Page 35
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. IVIcKinley 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 laud, 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
Page 36
and Jud Mealey, had lived for years within three miles of the tract, and had
assisted in its snrvey, consequently were thoroughly posted relative to the
general characteristics of each snbdivision thereof. Within a week we had made
fifty- seven locations on timber claims, and had recorded the filings at the
land office in Rosebnrg. Shortly thereafter the Northern Pacific crnisers
retnrned with their reports to headqnarters, 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 nnder 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 snch measnre, 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
different 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 affairs.
Some weeks later I received a wire from Kribs, announcing Smiths 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. Smiths 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 different 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 any estimated
less than 20,000 feet. It all averaged 80,000 feet to the acre, or 30,000 feet
above requirements. 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,
simultaneous 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
Page 37
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. 1I 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
Page 38
as his bondsman, resuming my journey as soon as he was released, and going
direct to F. Pierce Mays office as soon as J reached Portland, where I explained
all the circumstances attending the arrest of McKinley, and asked Mays advice
concerning the best course of procedure. He 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 companys 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
by exercising a little persuasive force of this character with the entrymen,
practically 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. Mays then Assistant United States Attorneyshould
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 bluff 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 Agent Mathers, who had sworn
to the complaint, believing that for a few hundred dollars he could be induced
to view things in a different 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 xvhenever the
Special Agents 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
Page 39
6S 33 ~N. Plats exhibiting descriptions of fraudulent entries taken up in
interest of C.A. Smith, in Township 14 South, Ranges 3 and 4 East (Linn County,
Oregon), and subject to cancellation by the Government
Page 40
in true millionaire fashion. We later toured the town with the bibulous Special
Agent, jollying him along to the queens taste, until we came to the conclusion
that he was ripe enough to be approached upon the subject of standing in with
us. Much to our surprise, Mathers informed us that the Northern Pacific people
had beaten us to him, having given his wife a free pass over their lines to New
York City, besides presenting 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, but was not dicharged by Hermann, although he was later dismissed from
service by order of Secretary Hitchcock. In due time McKinleys 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
corporations 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
entryrnen 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. Dont 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
you the other day to defend my interests in these suits, 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 Mays, 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 xvas
therefore one of the contestees, I happened to be the first witness called and
was on the stand for two days. I 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 Mays called upon me that evening at my room in the Page 40
Page 41
Sample of timber on one of the fraudulent Smith claims in Tp. 14 5., R. 3 E.
liable to revert to the Government through cancellation
Page 42
hotel and suggested a compromise, stating that the best thing I could do would
be to give up one-half the claims to the railway corporation; that he thought
they would be willing to acquiesce in an arrangement of this kind, as I 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 wont 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 ~vent 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 Mr.
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, was 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 he 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 East, and stopped off 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 Stratfords 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. M. 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 xvere not presented, for reasons that will appear
hereafter. Page 42
Page 43
The Oregon City Land Office, since removed to Portland. Register A. S. Dresser
at desk Receiver George W. Bibee ~at~d in chair
Page 44
Upon arriving in Washington, I received a telegram from Mr. Smith, requesting me
not to see Senator Eddy or i~~Ir. 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 the General Land Office to make further investigations of
the claims, and that it would be useless for us to attempt to do anything in
Washington until this Agents report had reached headquarters. It developed later
that Special Agent Wilson xvas a brother to the Republican 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
Wilsons 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 arrangement with Mays,
whereby the latter was to receive $50 each for his services in getting the
patents on the thirty-three entries. Sometime afterward 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 xvas 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 et 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
Page 45
7 7 Field Marshal Kribs, commander-in-chief of C. A. Smiths grand army of
dummies
Page 46
Chapter IV History of the Famous Township 11-7 deal, whereby Futer and his
associates demonstrate conclusively that there is an actual method of stealing
Govern- ment landDesperate efforts of the conspirators to secure the early issu-
ance of patents on the fraudulent claims includes the wholesale bribery of
public officials of both high and low degreeDetails 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 $iooo bills for his services in securing
favorable action by the Land Department at Washington. D U RING 1899 and 1900,
my partner, Horace G. McKinley, 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
withii 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 1\feridian, 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 1 1-7 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 46
Page 47
0 ~ ~
Page 48
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
persons residence on the claim before survey counts as part of the five-year
period required for actual residence under 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
where 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, Montague, 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 effect
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 ofthe 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
Page 49
Puters partner in fraudulent land operations, who fled to Chini after his
conviction in the 11-7 case, and was brongkt back by Detective J.F. Kerrigan
after a 30,000 mile chase Horace G. McKinley,
Page 50
those making final proofs, as well as familiar with the character of their
improvements. This proviso 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 nndergrowth of brush and fir timber, with snow covering the entire
district to a great depth for three-fonrths of the year, 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 snch 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 pnrpose 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 Witt600 Geo. L.
Pettis600 Nellie Backus150 Alexander R. Brown150 Harry C. Barr150 Frank H.
Walgamot150 Zenas K. Watson150 Joseph Wilson150 Thos. Wilkins150 Henry A.
Young150 Geo. A. Graham150$3350 Land Office Fees300 Incidental Expenses150450
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 Maud Page 50
Page 51
A rdigah Falls, on Marion Fork of Santiam River, near southeast corner of
Township 11 South, Range 7 East
Page 52
Witt and Geo. L. Pettis $600 each, it might be stated that they were close
personal friends and had an nnderstanding 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 be 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
approached McKinley and state(l that he had lived for 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 paying 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. Loomis, that the latter had received instructions from the Commissioner of
the General Land Office to make a thorough examination of our twelve entries in
Township 1 1-7, 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, 1\IcKinley and I were the sole
owners of the entire twelve claims, although they were being held in trust for
us by iVIrs. Emma L. Watson. After listening to my story, Mays advised that I
see C. F. 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 117 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 acquainted with Mr. Mays, and questioned 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 tbe 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 iVIr. 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 ardtious 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
Page 53
and proceed at once to the township named. Thereupon, I handed Mr. Loomis a
draft in the sum of $500 and informed him that, npon receipt of patents, I would
give him a similar sum, and which later was handed to Mr. Loomis, after the
patents were issued. The two drafts mentioned were purchased at the Wells Fargo
Bank of Portland, Oregon. Mr. 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 wrote to J. A. NV. 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 Mr. 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 acquainted 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 1 1-7, 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 township, furnished one of the most comical incidents in my
experience with hirelings of his calibre. After listening to Heideckes 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
I\ir. Loomis and show him the improvements 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
Looniis 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 1 1-7, 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 acquainted with each
homesteader. My next thought was for Mr. 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 I also cautioned him to take along plenty of good things to eat and
region. 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 Heideckes 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
Page 54
Linn County Courthouse at Albany, Oregon, where Puter and McKinley operated
extensively through Deputy County Clerk Robt. B. Montague
Page 55
Heidecke then inquired if I was personally acquainted xvith l3inger 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 Loomis 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 with 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
Page 56
Cedar Stump House in State of Washington
Page 57
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 what 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 wThed 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 Imperial Hotel, where
all of the above-named persons met and signed the affidavits, certifying to the
improvements of the other six entrymen who xvere 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
Merritt 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 1 1-7 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 lVlerritt 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 1 1-7, 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 1 1-7, 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 Heideckes 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 severe 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
Page 58
homesteaders, and which affidavits Heidecke procured in short order. At this
time it was about 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 wasnt 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 Heideckes
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 Ormsbys 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 affairs 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 suffering 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 womans influence, you know, is
always supreme. I told Mays that I thought his suggestion a good one, and stated
that I xvould 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. Watsons
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
Page 59
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 Senators 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 Hermaun, and after exchanging greetings all around,
the Senator asked Mr. Hermaun 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. Hermaun 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 clerks report. About fifteen minutes later, the clerk appeared and
handed to Commissioner Hermaun 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 Bearing Tree in 11.7
Page 60
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 Mitchell 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 Ormsbys 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. Hermanns 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 why 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. Watsons 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 questions relative to Mrs. Watsons 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. Watsons arrival, March 3rd, or two days after my conversation with
Senator Mitchell relative to the affidavit, I escorted her to the Senators 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
Page 61
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. Watsons
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 quite 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. Hermaun 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. Watsons 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, cant you return to Oregon, round these people
up again, and secure proofs sufficient to warrant the issuance of these patents
? Mr. Hermanns 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 furtheraction 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.
Hermaun 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.
Hermanns suggestion, and return to Oregon, where additional proofs might be
secured. I replied that it was simply out of the questionthat the entrymen,
after making final proof, had scattered to the four winds, some of them going to
Page 61
Page 62
Ringer Hermann, Ex-Commissioner of the General Land Ollice under indictment in
numerous land fraud cases I, 7/// /
Page 63
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 Oregonthe City of Washington was the placethat 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, I want you to go over and see Mr. Hermaun yourself, attd 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. Hermaun, 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
Page 64
Er Daniel W. Tarpley, convicted with Puter and others in the 11-7 case
(Familiarly known as Lookout Dan)
Page 65
if you will give him a personal talk that all will be well with me. The Seiiator
then accompanied me to the door, and placing his hand upon my shoulder, said:
iVtr. Puter, I will call on Mr. Hermann immediately after dinner this evening,
and if you will call on me tomorrow, I will report the result of our interview.
At nine oclock 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.
Watsons 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 Hermaun, 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
diffi~ulty. The Senator then suggested that I call around and see Mr. Hermann
that afternoon or the following ~norning and that he would probably have
something definite for me at that time. About 2 oclock, while on my way to the
Land Department, I met Mr. Hermaun, 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 that he found everything all right and had decided to issue the patents.
This was good news to me, so I repaired at once to fhe 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 filledlost
and wononly to lose again, and how, in my last desperate effort, as it were, I
planked down a cold two thousand, and, in the immortal 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 dollarstwo 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
Page 66
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 tbe 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 11-7 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 Rnstlers War terminated in 1892 Page 66
Page 67
Chapter V Emboldened by their success in the [1-7 deal, Futer and McKinley seek
new worlds to conquer, and are rewarded by making a rich haul in Township
24-IMcKinley plays an interesting hold-up game with Clyde Lloyd in the
transaction, his careless methods resulting in laying the foundation for
subsequent Governmental prosecutionsThe irrepressible Franklin Pierce Mays also
takes a hand in the game upon a percentage basis, and poor Hobson is left with
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 1 1-7, 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 1 1-7
; 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 fathers 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 proof 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 fathers
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 fathers 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 ludge, Hon. Chas. B. Bellinger, Page 67
Page 68
appointed Marie as his successor. She was an exceedingly vivacious 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 subsequent marriage of Horace and Marie. When McKinley and I
came to an understanding with reference to filings in Township 24-I , it was
agreed between us to dispense with the formality of securing bona fide 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 xvas 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 et Oregon Railway Companys 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. My 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 1 1-7 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 1 1-7. I gave him full particulars with reference to my arrangement
with Marie Ware, Page 68
Page 69
Puter cooking flapjacks on one of thebogus homestead claims in Sec. 10, Tp. 1
S., R. 6 W., Tillamook County, Oregon It is estimated that there are 25,000,000
feet of yellow fir on this 160-acre tract
Page 70
whereby she agreed to permit of the dummy systen~ 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, Mays 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 him 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 week 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 oi 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 Mays 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 Maries 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 went 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
Page 71
Line-up atthe Vancouver, Wash., Land Office during a rush for timber claims
Page 72
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
officials 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 xvent by the board. The names used to
secure the six claims which finally went to patent, were as follows: Robert G.
Tupman, Robert Sinipson, Frank H. Herne, William H. Watkins, Samuel L: Carson
and James Warwick. About the time of making final proofs, I 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 we 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 McKinleys
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 Township 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. Acting upon my advice, she complied immediately
with my instructions. Some months later I met McKinley, who had reto rued 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 simply
wanted to Page 72
Page 73
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 annuiri, and turn over to
McKinley one-half of the net profits. Page 73 Section cornerstoneof two
fraudulent claims in 21-1. The first indictment against Puter, McKinley and
Marie L. Ware, was based on six bogus entries made in this township
Page 74
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
Lloyds 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 offering 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 difficult 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. ODay,
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 offering the lands
for sale all $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 McKinley 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. II. Gilbert, of
Ashland, Wisconsin. The sale was consummated through iVI. 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 w~nder 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 difference 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. Herne. 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
Page 75
Scene in Township 8 5., 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 $4.00 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
Page 76
Potter was afterxvard convicted jointly with Willard N. 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 weeks after closing with
Mays, he again requested me to call at his office, 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
Mrs. 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 knew about the matter, to which I replied that I was
entirely in the dark on the subject, 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
affairs 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
without 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 to help him out of the difficulty, it would be necessary for him to
give me all the particulars with 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 24-1, 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
Page 77
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 tnrn, was to deliver the money to Mr. Simpson, for whom he
was acting as agent. This deal, continued McKinley, was comsnmmated 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 anxions 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
Lloyu 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 goingdeclared that there was no danger of getting into trouble,
as he calculated from the first to repay Hobson and secure a reconvey ance 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 rage 77
Page 78
ilobson 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 ont sufficient to sqnare the
matter up. In the meantime, I snggested that Mays write Hobson to that effect. I
told Mays that I would write Hobson personally, which I did, informing him that
I had talked with McKinley with reference to the Simpson claim which he had
purchased, and I gnaranteed to refund him the amount paid to McKinley as soon as
I could arrange some bnsiness settlements with the latter. Shortly afterwards
the 11-7 deal was brought to a close, and I held out the $575 from McKinleys
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 camels 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. Page 78 Homestead claim in Lakeview land
district
Page 79
A group of Sour Doughs of Tonopah and Goldfield ready for business. This
represents a typical scene in the Nevada mining camps, and shows how a gang of
prospectors prepare to explore the deserts for its hidden treasures. There is
neither timber or water of any consequence in the region, and the small burros
are utilized for carrying kegs of water as well as heavy loads of provisions and
other necessary supplies incident to a journey of this kind. The western
prospector, or Sour Dough, as he is known technically in Alaska, is proverbially
hopeful of striking it rich, and included among those depicted above are several
who have assisted in making mining history in Nevada and elsewhere
Page 80
Chapter VI Details of a well-laid plot to raid the public domain in the
Deschutes Country, wherein io8 Dummies seek to acquire 17,280 acres of fine
timber la~nd for speculative purposesA combination of adverse circumstances
operates to Puters disadvantage, notwithstanding the collossal ideas of Old Pard
Mavs on the sublect of evading consequencesA. B. Hammond, a wealthy Pacific
Coast lumberman, figures as a bold financier, but is prevented from doing
business on account of rhe 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. D U RING 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 time in taking a trip out there, and
discovered that there were more than 20,000 acres of vacant Government land
covered with valuable yeflow 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 up 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-effects 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 buly 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 my 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, sd 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
Page 81
He then gave me a letter of introdnction 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 npon 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 McCullough 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
perf~ctly level, with no brush, fallen timber or rank undergrowth of any kind to
contend with, and besides the whole tract had been surveyed the year 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-appearing 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
Page 82
Character of Yellow Pine Timber in Tp. 20 S., R. 15 and 16 E., Crook County,
Oregon sought to be acquired by fraudulent process
Page 83
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 difficulty 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- yule. 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 fo Commissioner Bells office
and was informed that he had recorded 108 filings, so 1 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
Page 84
to Shaniko, a distance of 80 miles, thence by stage or private conveyance to
Prineville, 80 miles fnrther 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
syndicates 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 et 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 fignred 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
Page 85
A.B. Hammond, the Wealthy Pacific Coast lumberman who was nearly involved in the
land frauds
Page 86
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.
PuterPuter- 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 isnt any safer in that
mans 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, my 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 owner of about 30,000 acres of fine timber land in
Lane county, Oregon. He organized a company of local lumbermen, all of whom were
willing to go in with me under similar conditions existing between Mr. Bradley
and myself. Page 86
Page 87
Colonel A. R. Greene, Ex-Special Inspector, Interior Department who lifted the
lid from the Oregon land frauds
Page 88
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. Withees 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 et
Columbia River Railroad, and the 0. 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 xvith 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 Sweets 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
iVIr. 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,
Win. G. Goss- lin, his private secretary, caused to be printed two special sets
of blank mortgages. The first was for the entryrnen 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 legitimacy, not only with the entrymen, but the Governmet~it itself was
likely to be thrown off its guard in the face of such evidence of compliance
with legal requirements. Hammonds 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 featu.re 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
Page 89
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 expense.s 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 office. 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.
McLeods 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 1-lammonds 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 reserve 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. Thorsons 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
Page 90
yule, 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
xvould have retained the lions 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. Page 90 Special agent making a field investigation
Page 91
Chapter VII Pettycontroversies 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 24-I transaction, and
lifts the lid from the ugly messIncidentally, Special Agent Linnen, of the
General Land Office, distinguishes himself in the terpsichorean art while in
search of evidence against the conspirators Francis f. 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 an. iety on the part of F. F. 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 McKinleys interest in
what is commonly known as Puters 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 ODay, 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 Page 91
Page 92
person, Lloyd senior refused to accede to my suggestions, stating that McKinley
had deliberately transferred three fraudulent claims to his son, obtaining
$1,500 thereon, and that, from all appearances, McKinley 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 local bawdy houses called at the United States
Commissioners 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 Ware 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 13.
l3ellinger (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
Page 93
who presided at the 11~7 trial TheUnited States District ~ for ~regofl late
Charles B. J3elliflger,
Page 94
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 Halls assistant, that Judge Bellingers 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 Attorneys office, not
only through his brother, but with Hall, himself, and that on account of his
complicity with me in land fraud mattersas 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 ODay 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 laterin October, 1903I 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
Page 95
After parleying with Mays for several hours in an effort 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 Halls 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. lVIays 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 Attorneys 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 Halls office, and, acting under the advice of lVlays, 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 bave Mrs.
Watson appear and furnish the required bonds, to which he replied that if it
were possible, it would be better to keep her tinder cover, for the time being,
at least. - Page 95
Page 96
In 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. Watsons 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 Governments 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 Mrs. 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. Page 96 Coal landsof
Wyoming, grabbed under the timber law
Page 97
Chapter VIII Wherein Mrs. Emma L. Watson is spirited away 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-placeSleuth Gallagher shows up to
good advantage in the start, but is finally obliged to Let er GoPuter 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. EING satisfied that Mays would attend to the
postponement of our trials, B 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 different tracts had been acquired
through fraud, it only remained for the Government to produce evidence to that
effect in order to secure convic- tions. I 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 herthat 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
Page 98
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 Mrs. Watson safely off to San Diego, her
destinationabout December 27th or 28th, 1903I 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, McKinley had learned, was Albert L. Gallagher; that the Government
agent was in La Crosse for the purpose of locating Mrs. Watson, which
information, McKinley 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 Mrs. Emma Porter, which he surmised had been written by
some detective for the purpose of trapping Mrs. Watson. That the reader may
properly upderstand 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 McKinleys old home,
and that he was visiting his relatives at this particular time. They knew also
that we were closely identified in fraudulent laud 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 McKinleys 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 McKinley,
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. Its a fright, said Horace. I
cant 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. Im
willing to gamble that he will show up inside of five minutes ! Page 98
Page 99
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
Page 100
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. we His work impressed me more for its rawness
than anything else, but 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 off 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 Jerrys 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
McKinleys lap he could not have brought his ears in closer range to his voice
without runniug the risk of serious conse- quences. The rubbering position he
assumed was killing. Well, replied Horace, half-dejectedly, you knowi how shrewd
these Government detectives arethey seem to be endowed wifh~ 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 ~raight, 2 the seriousness of the
situation. Never you mind, I answered with an air of confidence; Emma will be
safe with Jerrys wife, and besides, she will be made comfortable, and prob- ably
become satisfied to remain here until after the trials. All right, said
McKinley. V\Te will let it go at that, and in the meantime I shall keep a sharp
lookout for Secret Service men, in caseanyof them should happen to stop off
here. After telling McKinley (also for Gallaghers 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 owners 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 Gallaghers 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 McKinleys breast, so that all
the Govern- ment officials had to do was to wait patiently for the harvest. Page
100
Page 101
This same postmaster had unwittingly imparted to a third person full information
pertaining to Gallaghers 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 McKinleys, 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,
xvhen, 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.
Watsons 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 office 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
Page 102
7- 7 7- / / ii /1/ U, United States District Judge William H. Hunt, of Montana,
who pre- sided at most of the land fraud cases, and who earned an enviahle
reputation for fairness
Page 103
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 anybodys 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 MadamPlease 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 SirIt 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., careHotel.Very respectfully, (Signed)Mrs. Emma Porter. Page 103
Page 104
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, requesting 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
BrushYou will ask for a sight of beetling crags, Where the storm king holds his
sway, Sam Davis in Sunset Magazinewhere the sinking ann with its brush of gold
Tells the tale of the dying day. Have you ever scented the sage-brush That
mantles Nevadas plain If not you have lived but half your life, And that half
lived in vain. 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 other 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 when you die you will want a grave, And the dancers turn to
go, Where the Washoe zephyr blows, You will long for a draft of the crystalWith
the green of the sage-brush above your streams head, That springs from her peaks
of snow. What need to plant the rose l Page 104
Page 105
Chapter IX Capture of Mrs. Watson in Chicago by Govermnent sleuths after a
hide-and-seek game of long durationThe Windy City newspapers draw the long bow m
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 hereto forePuter details his clever efforts to throw the Secret
Service off the scent, and almost succeeds in getting Mrs. Watson out of
townDetective 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. 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. Watsons whereabouts, and I assured him that she was
safely located in Southern California, which information seemed to meet with his
approval. He 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 public 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
Mays that I should be exceedingly well pleased if the Government could find it
convenient to substitute someone else in Heneys 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- lands administration. Mays
mentioned the fact of Heney having been appointed Speckd 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 105
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
Page 107
To return to Chicago at this particular time signified that I must sacrifiqe
certain intei~ests 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
effected, 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 ~ot without cowpany, for sure enough, the faithful Government sleuth wa~
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
letteras Government detect- ives, it is assumed, experience little difficulty in
gaining knowledge of this characterI 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 trailk 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 s6 many times before. VValking 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 }ook 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 fra/itic 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
Page 108
Sample of 5,000-acre tract in Township 1 S., Range 6 W. (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
Page 109
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
I 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. Watsons 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. Watsons 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
(;allagher and suggested that she leave Chicago without delay. She was visibly
affected 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 he 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 any 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
Page 110
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 I to appear concerned, nor was I to
look behind me, but simply proceed on my way, apparently oblivious to all~
surroundingsmy 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. Watsons
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 sightand by occupying a front seat, could watch
all my movements and be governed accordingly. This process consumed the better
part of two hours, when I returned to my hotel, followed shortly afterward by my
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 t~tking
a surface car and transferring to one traveling north on Clark street. In this
way I soon arrived at Mrs. Watsons 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 suffer 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 Governments case
would go by the bo~trd 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
Page 111
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. Watsons 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 boped to make final arrangements for Mrs. Watsons 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.
Watsons 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. Watsons
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.
Watsons 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
Page 112
house, and went direct to Mrs. Watsons 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 womans 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. Watsons
departure entirely off 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. We 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 stif 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
Page 113
All about the sensational capture of Mrs. Watson ! Heres 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 its mine ! was his alarmed rejoinder, as he tugged at it with jealous
instincts. It dont 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, theres your money backjust keep the changeand 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 Carters
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 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 Caunty
Page 114
ruffians who made her homested claim in Township 11-7 their constant rendez-
vous, when not making incursions into the neighboring settlements and tearing
Uncle Sams 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 oclock 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 attorneys office. I handed him the evening paper, and
after acquainting him with the circumstances attend- ing Mrs. Watsons 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 oclock 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. Watsons 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
Americas 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 ex~1oits 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. Fage 114
Page 115
Mrs. Emma L.Watson, whose clever capture by the Government Secret Service in
Chicago, was the occasion for the d~splay of much sensationalism by the Windy
City newspapers
Page 116
9 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 upon the classic features of Maxine Elliott. I
should say not ! echoed a ~ig Westerner, with equal indignation, as he fixed his
gaze longingly in the direction of a picture of Edna May that appeared in
another paper. Its a downright shame ! chorused a third, riveting his
affectionate attention upon tbe 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 woman could be found in great quantity within her borders, the
State Immigration Commissioners 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. My next move,
after digesting the contents of the newspapers, 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- ocit offering legal
resistance; also that 1 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. Watsons
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, where 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 Watson case. I held a
morning paper in my hand, which I apparently unconsciously unfolded, and gazing
with some degree of intentness upon the supposed likeness of the subject of our
discussion, took odcasion 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, shes a corker all right, remarked my new
acquaintance, but, he continued with a smile, that doesnt happen to be her
picture. Oh, you are acquainted with the lady, then ? I remarked, in an offhand
manner. Well, yes, somewhat, he replied with a peculiar expression. And I tell
you she is a brick at that. You 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
Page 117
Oh, ho, I answered, in that event you probably know all abont 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 times 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 detectivesespecially great ones like himselfand 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. our Still another drink, and we
sat down to luncheon, and while waiting for 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. VVhy, 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 under 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 shuffle 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 Puters 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 Puters 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 xvhere 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
Page 118
the grip out with him, seemingly 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 make 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. Watsons 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
oclock that morning, Captain Porter called in person at Mrs. Wat- sony s
apartments, and knbcking at the door, was admitted by the lady herself. Is 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, All
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 be 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 1\Irs. 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 shell turn up missin
afore you can say Jack Robinson. Dont overlook the shackles, either, when she
Page 118
Page 119
goes to Oregon, Cap., and send two of the best along, for if Pnter and McKinley
get next, they will have her off that train in a jiffy, even if they have to
hold it np. The Watson woman sat there listening to every word that Gallagher
uttered bnt she never batted an eye nntil he had finished his spiel. Then she
arose, and going straight np to him, she looked him sqnare in the eye before the
whole bnnch of detectives, and said: I guess, sir, that the United States
Marshal is amply capable of taking care of me withont yonr assistance. Do yon
realize, sir, that it is a woman you are talking abont? By what right do yon
interfere? What have you done to effect my capture? Not a single thing! Yon it
was who trailed Mr. Pnter for weeks, bnt to what avail? Yon 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 dne; and it is for them, not yon, to say when I shall
be deported, and in what manner.~ Page 119 Capt. J. A. Sladen, Clerk U. S.
Circuit Court of Oregon, before whom many of the laud fraud defendants had their
preliminary hearing
Page 120
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. Watsons 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. Greenes xvild-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
changeI 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 Marshals 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
isnt 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, thats all. Take who back
? came a chorus of voices. Why, the woman we have been hunting for these many
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
Page 121
My informant assured me that the Colonels 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 be
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 wait~ed until I
got hereyou 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 laws 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
Marshals 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 McKinleyand perhaps bothwere 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. Watsons 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
Page 122
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, yon 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 nothingabsolutely
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 until the very moment that Mrs.
Watsons 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. Watsons 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 \ve are up against
it. Page 122
Page 123
Chapter X Heneys coup in substituting the 11-7 case for that of the 24-I throws
consterna- tion 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 dismissal of the otherMarie 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 wedding bells to go on a strike-Colonel
Greene shows to disadvantage as a sleuthDetails of the final preparations for
the great 11-7 battle. M AYS 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 limitations 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
Page 124
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
Page 125
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
ODay, of Portland. Mrs. Emma L. Watson, although one of the defendants, refused
abso- lutely to employ counsel, contending that she xvas 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 required 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 Governments 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 Qf the
Chicago, Milwaukee et 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. Tolands commercial standingowning at that time a chain
of business schools extending through Illinois, Wisconsin and Minnesota, to
which he has since added South Dakota and Nebraskabesides 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 so-called 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 Attorneys 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 Halls 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 Heneys 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
Page 126
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 Cunninghams 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 everybodys surprise, Cunningham personally withdrew his plea of not guilty
and substituted therefor a plea of guilty, and ~t 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 hi~ 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-
ninghams political prominence had much to do with United States Attorney Halls
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 2 1st, 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 we 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 offense. 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 Governments
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 rage 126
Page 127
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 coi~ivinced 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 ~ 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 he 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: If 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 departureeven
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
Page 128
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 Australia, 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 was 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. When 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 would write as often as possible. I had been at the Hot Springs but
two days when my new flame put in an appearance. Just couldnt 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 queens taste, to put it mildly, and it would 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 with 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 dayI say
about advisedly, because I took no account of the flight of timemy 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 wasnt 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, where 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 ODay, 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
Page 129
Judge Thomas ODay, leading attorney for Horace G. McKinley in the 11-7 case
Page 130
No, said I, we must show this to Judge ODay, 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 gentlemans 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 uniforiri 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 leastshe 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, which 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 with 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 was 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 awaytold 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 acknowledgment, and it was his intention to attach
this to a typewritten confession, which he would prepare at his leisure. We were
all astounded at the mans 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
Page 131
The next day I called upon Miss Ware and acquainted her with the result of my
investigations. She evinced little surprise, remarking that Doyles 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 womans intu- ition is
an element that must always be reckoned with. We were considerably surprised to
learn later, as were also those familiar with Doyles meteoric career, that he
was unceremoniously relieved from duty or bounced, to use a rough expressionat
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! N
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 weeks 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 Wares proposition, as he was after both McKinley and myself, and
his heart was set on convicting us both, which Heney succeeded in doing,
notwithstanding Maries 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
Page 132
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 Wilson 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 182 Mammaloose Island in theColumbia River, on the boundary
between Oregon and Washington. Used by Indians of Northwest as burial ground
Page 133
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. Thats 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. Cant 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 impressiofi
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, Wilson 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 stenographers 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 Greenes 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 Col. 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
Page 134
Upon our arrival, we proceeded to Walgamots 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 Walgamots 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 Wilsons promptness in phoning to him from Salem was what
saved the day, although Walgamot had exercised masterful diplomacy by his
answers to the Inspectors 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
denthe Douglas in his ball. 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 Governments engineers and
photographers at the time they had investigated the status of the Page 134
Page 135
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 stones 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 ontest,
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 be fore 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 care ful4y
planned, and because of our fortified position, we anticipated nothing but
victory. Page 135 A Monarch of the sugar pine forest
Page 136
Chapter XI Trialof the famous 11-7 case ends in speedy conviction after a series
of sensational developmentsFuter charges that himself and associates were to be
sacrificed as a burnt offering in atonement for the sins of those hi gher
upincidcntallv, the land fraud king pays his respects to John H. Hall, and shows
how the efforts of the ousted United States Attorney to hide Heneys light under
a bushel met with disastrous consequences ~Binger Hermanns fickle memory proves
a factor at the trial, but fails to save the defendantsTelegraphic
correspondence between Heney and Mitchell indicates the powerful pressure
brought by the Government to secure the Senators attendance as a witnessSpecial
Agent Loomis and Forest Superintendent Or;nsby shine as pastmasters in the art
of making mtsleadtng 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 Ptesident 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
eNpressions 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 cant fool all the people all the time !
Francis J. Heney was one that they didnt 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 Heneys suggestion. A
traitor to the Government, Halls 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
Page 137
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
conrse of the United States Attorney in this respect is remindful of a doggerel
verse I once learned in my earl~v 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 attitnde 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 McNeils 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 Mount
Jefferson, Oregon, looking across Township 11.7
Page 138
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 1 1-7 case, the
Federal Govern- ment indicted George Sorenson because of his connection with the
$5,000 bribe referred to, and Mr. 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 Heneys appointment, and in this scheme to nip the latters 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
Page 139
Judge Martin L.Pipes, chief counsel for Puter in the 11-7 case
Page 140
the jury without any assistance whatever from Heney, and had even commenced the
examination of xvitnesses 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, with 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, 1994, those charged in the indictment with conspiracy to defraud
the Government of its public lands in th~ 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 Waldemar 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; Wnited States
Attorney for Oregon, while the follo~ing attorneys appeared for the respective
defendants: Judge Thoihas ODay, of Portland, for Horace G. McKinley; C. A. Hardy
and A. C. Wo6dcbck, of Eugene, Ore., for Marie L. Ware; L. H. Tarpley, of
Portland, for his brother, Dan W. Tarpley; while Judge Martin L. Pipes, of
PortlaAd, and my brother, Lawrence F. Puter, of Eureka, Cal., assisted by F.
Pierce Mays, of Portland, as silent counsel, repre- sentetd me] Neither Emma L.
Watson or Frank H. Walgamot employed counsel, as it appeared unnece~sary for
them to do s~o, on accou4t 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
Qssnrance 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 th~f but three of the ten entrymen had used their real frames
in making their filings, and it would thus become a difficult i9atter for the
prosecution to maintain its case against us in the trial, as the burden of proof
would naturally rest upon the Government. Page 140
Page 141
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 dn 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 mans 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 under the name of Emma Porter, and the question arose
in our minds whether ~r 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. Watsons deed to Frederick A. Kribs, conveying title to the
twelve claims, Iut numerous other samples of her signature, all of which had
been enlarged by Page 141 Forest rangers cabin on Minto Monntain near Township
11-7
Page 142
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
staff 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 fmprovements and cultivation was a myth. Under the circumstances
we did not feel justified in placing our doctored tesd- 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 ODay 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
Hermaun, 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. Watsons 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. Hermauns 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 effect, 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
Page 143
Commenting npon this intelligence, Congressman Hermann expreetz.~d the opinion
that Senator Mitchell wonld carry ont his plans as indicated, remarking that by
virtne of being a United States Senator he was permitted nnder the statntes to
exercise his own discretion in the matter of retnrning to Oregon in obedience to
any snbpcena as a witness, and that, in snch a trifling case as this wonld prove
to be, it was not at all likely he wonld consider it worthy his time or
attention. Page 143 Captain Salmon B. Ormsby, the forest snperintendent, who
made misleading reports to the Commissioner of the General Land Office, relative
to the frandnlent homestead claims in 11-7
Page 144
This expression on the part of Mr. Hermaun had the effect of reassuring my
confidence in our position, and I was much pleased over the result of my
interview. At 10 oclock the next morning, on the third day of the trial, Judge
William Galloway, of McMinnville, 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 Bin g er 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 Lan4 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 lVIitchell. 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
Page 145
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.
Watsons 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 Governments 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 Hermaun had successfully withstood
Mr. Heneys inquisitionwithout taking his conscience into consideration relative
to telling the truth, the whole truth, and nothing but the truthit became a
matter of utmost importance to secure Senator Mitchells appearance as a witness.
The telegraphic correspondence between Francis J. Heney and Senator Mitchell on
the subject of the latters 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 Piirpo~e 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 Sundays 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 y6u 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 urging 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) FRANCIS J. HENEY,
Special Assistant to Attorney-General. Washington, ID C., November 25, 1904.
lion. 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 oclock 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 15, 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 oclock for Chicago. Surely
every opportunity was open to have had me subpoenaed. Had this been done, I
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
Page 146
Hon. John II. 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)
FRANCIS 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 immediately, so that I can use him as a
witness for the Government, and oblige, (Signed) FRANCIS 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 witness stand, was excused from further
attendance. He was followed by John Withycombe, chief draughtsman in the
Surveyor- Generals 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
Page 147
The testimony of Mr. Barber relative to conditions in township 11-7 created a
profound sensation in the courtroom, and the defendants were made the 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 1/~
of Section 24, Tp. 11 5., 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 Barrs 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 forests 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 ~ of Section 32. She claimed
to have Page 147 Government surveying party at Dalys 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
Page 148
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 4han 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 b~en 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 1-1. Walg~mot, 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.
Barbers 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 oclock 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 tbe 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 trailthe only one in the township, and
over which would neces- sarily come all the travelran 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
Page 149
QA Lk~O~ ~ some twelve years previously, in the hope that the Corvallis et
Eastern railroad would 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.
Page 149 7/,. CI ~4~] 1 7/ I
Page 150
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 subpcemed 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 Hobsons 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
whom 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
house 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 Sp~cial Agent Loomis covering the twelve
homestead entries, and despite the strenuous opposition of the Page 150
Page 151
lawyers for the defense, they were admitted, their reading before the jury form-
ing one of the most interesting features of the case, as revealing 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
iBackus 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: Reportof Special Agent C. F.
Loomis, of the General Land Office, upon the claim of Nellie Backus, who made
Homestead Entry No. 13185, Oregon City Land District. For making this report
Loomis was paid $i,ooo by Futer. Name of ClaimantNellie Backus. Description of
land covered by filing or entryE 2 of SW ~, and E ~2 of NW ~, Sec. 19, Tp. 11
5., R. 7 E., Willamette Meridian. Date of examinationJune 6, 1901. Character of
landTimbered, agricultural land. Good soil. Not heavily timbered. Would be fine
agricultural land if cleared. Page 151 ClydeD. Lloyd, whose petty controversy
with McKinley over money matters brought on the Oregon land fraud investigations
Page 152
Character, extent and value of improvements in detailA 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 claimantFrom 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, arid 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 zuitnessesJ. A.
W. Heidecke, Detroit, Ore. Reliable men. L.Jacobs, (Do not stand so ~ well among
their William Thomas, } neighbors, but no Charles Thomas, ~ reason that they f
should not be giv- K 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. Heideckes homestead is
in Sec. 36, Tp. 10 5., R. 7 E. Was the fraud willful?No. Have any legal
proceedings been instituted ?No. Action recommended by AgentThat the entry be
sustained. Dated at Oregon City, June 25, 1901. C.E. Loomis, Special Agent,
General Land Office. Page 152
Page 153
Affidavit of Nellie Backus(in Loomis handwriting)Nellie Backus, being duly
sworn, deposes and says: My P. 0. address is Salem, Or.; further, I am the
identical person who made H. E. No. 13185, F. C. No. 6268, for the E = NW ~ and
E 2 SW ~, Sec. 19, Tp. 11 5., 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 \T~llI~ 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. 0. Affidavit of J. A.
W. HeideckeJ. A. XV. Heidecke, being duly sworn, deposes and says: My P. 0.
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 F. = N. W. ~, and E. 2 5.
W. ~, Sec. 19, Tp. 11 5., 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 l-ias 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 about 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.F. Loomis, Special Agent, G. L. 0. Charles Thomas and William Thomas, being
duly sworn, depose and say, each as follows: My P. 0. 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.F. Loomis, Special Agent, G. L. 0. Page 153
Page 154
Snowdrifts on Thomas Wilkinsclaim in 11-7. It is at this point the entrymai~
claimed to have grown strawberries. The above photograph was taken in June
Agidavit of L. JacobsL. Jacobs, being first duly sworn, deposes and says: My P.
0. 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 2 NW ~ and E2 SW ~, Sec. 19, Tp. 11 5.,
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. 0. Report of Forest Superintendent S. B. Ormsby on
the Nellie Backus Homestead Claim, for Which the Government Official Was Bribed
by P~ter to the Extent of $500. Date of examination.January 14, 1902. Page 154
Page 155
Character of land.About two-thirds of this claim has timber of medium density.
The remainder is lighter. The western portion is rough, and the creek runs
through a small 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 elsexvhere. 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 reportswherein both Government agents describe the claimant
as a hard-working girlexists 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 effort 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
Page 156
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. 0. 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,
Heneys 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
Page 157
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 I-lowe 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
informed 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 oclock. W. A. Richards, Commissioner of the General Land Office at
Washington, D. C., who was Assistant Commissioner during Hermanns
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. Heneys 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
Page 158
Edward Meeker, County Recorder of Linn County, Oregon, testified to the fact of
McKinley having paid the recording fee on the George A. Howe relin- 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 Pfeiffer, 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 Government Surveyor
Barber identifying a cornerstone in 11-7, at which point three of the fraudulent
claims cornered
Page 159
lands, including the clajins 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 Mc- 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.
0. 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 xvere issued and
returned to Mon- tague. The latter testified also that himself and 1\lcKinley
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~s 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
Page 160
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. Miss 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, Mr. 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 XV. 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. Walgamots
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, I-brace 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 forged by Marie L. Ware and Horace G. McKinley, who had used the
handwriting of Miss Minda McCoy, of the Liun 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. Howes 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 banks
employ, to stand within the wicket of the cashiers 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
Page 161
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 bad
not even been in the banks 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 hi~ knowledge went as a
hand- writing expert. J.F. Shearman, Deputy Clerk of the 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 signaturesof Mand 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. Lowells signatures were written by Marie L. Ware. Page 161 Robert B.
Montague, the crooked Deputy County Clerk of Linn County, Oregon, who, for
obvious reasons, is now sojourning in Honolulu
Page 162
Counsel for the defense subjected Shearman to a gruelling cross-examina- tion,
during 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. Wilson, 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 we1l~ known resident of Salem. George
A. Ijowes signature was made by Guy Huff, a bartender of Eugene, Oregon. Huff
was afterwards indicted for his connection with land frauds. The signature of
Maud 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 signed 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 Ware 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 M. Keith, proprietor of a restaurant in Portland, was called to
prove Walgamots 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, Oregonbetter 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
himwas 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, Oregonwho 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 where he resides as the greatest legal light since Daniel Webster,
Henry Clay, Demosthenes, or the rest of the buncharoused himself from his
customary siesta, Page 162
Page 163
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, thats 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 A. 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 MaudWitt,
one of the bogus homesteaders in 11-7
Page 164
F. S. Skiff, a local dentist, testified that Walgamot had studied dentistry in
his office, but could not say -whether or not he had lived in Portland after
discorn tinning with him. The last witness of the day was Miss M. A. Aiken, who
was called to prove Walgamots continuous residence in the city, as he had lived
at her house. On Friday morning, December 2, J. A. NV. Heidecke, the star
witness of the trial, was placed on the stand by the Government. He testified to
a residence of several years 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 bad 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
difference; that the latter met with an accident while in the wo6ds, 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 stenographers 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 couldnt 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, aint you? I
says yes, I seen Puter, and I dont like that very well. Oh, he says, mum5 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, heres 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 would 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 with 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 that I go with him as a
guide. Shortly thereafter I met Ormsby and Tarpley at Detroit, and was paid Page
164
Page 165
$20 by Tarpley to accompany Ormsby into the monntains. At the same time Tarpley
flashed a draft for $250 in my face which was made payable to me, and which
Tarpley said wonid be tnrned over to me as soon as patents issned on the 12
claims. This draft was then introdnced 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 signatnre of Heidecke as payee. The day after Ormsby arrived
at Detroit, continned Heidecke, we started for th~ monntains, bnt I had not
proceeded far when I pretended to be sick, and retnrned to Detroit, leaving the
Captain in the lnrch. He did not stay ont very long, either, bnt 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 declined to
do so, bnt when Ormsby snggested that there was a great deal of timber being
illegally cnt on Government lands, and that the Page 165 FrankE. Alley, the
Roseburg searcher of records, and handy man for Kribs at the local Land Office
Page 166
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 the 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 United 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 ODay, 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. Eleidecke,
you self-confessed perjurer, thundered the counsel, you, 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 ? 1-leidecke, 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 OBrien, 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 different 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, Howers attorney, corroborated his client relative to the
search for the missing deeds. Page 166
Page 167
et Judge ODay grilling witness Heidecke during the 11-7 trial
Page 168
Walter Holt, of Wells-Fargo Bank, Portland, identified the certificate of
deposit for $250 issned 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 Engene, told abont the transaction between Ilower and McKinley, at
which time the George A.Howe claims were given as secnrity for the loan.
Snodgrass also related the snbstance of a conversation occnrring between himself
and McKinley, wherein the latters representations regarding the valne of the
lands was made the basis for the loan of $2100. At this point Mr. Heney
annonnced that the Government rested its case. He had two more witnesses, he
said, both of whom were absent, George Soren- son being reported at Dnlnth,
Wis., while Thomas R. Wilson, the Walgamot witness, was alleged to be too ill to
attend the Conrt proceedings. Connsel for the defense held a brief consultation
as soon as the prosecution rested, after which it was announced that they would
introdnce no evidence in the case. This move was a great surprise to everybody,
as it had been confidently expected that a vigorons defense would be made, qnite
an array of witnesses hav- ing been snmmoned for that purpose. At the beginning
of the trial, the defense had entered the Conrt room fully confident that a
complete line of defense would be established against anything the Government
might present; bnt 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 when 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, Mr. Walgamot ? inquired Judge Bellinger,
addressing the alleged trapper. The defendant arose sloxvly to his feet with
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 cover of the further proceedings, and was seen no more. It
is quite evident that Walgamots 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
incideiits 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 Marie 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 Wares 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
Page 169
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 argnmentative 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 had finished,
and Judge Thomas ODay 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 VIII 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- manddd 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 ODay
faced the Government attor- neys and shouted in stentorian tones: I carry no
rocks ~~rith me, I dont see any coming from the other side ! Taking the
scriptural injunction as a text, Judge ODay proceeded to de- liver one of the
most effective sermons ever listened to from any pulpit. 1-us 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 ODay 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
Page 170
Whatever effect the words of our counsel may have produced was quickly dispelled
when Mr. 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- tratiori
when it comes to analyzing the testimdny in a case. His efforts stamped him at
once as a person of rare legal ability, and his reputation has since been
greatly enhanced. Heneys speech occupied the entire morning session of Court, so
that at 2 oclock on the afternoon of December 6, 1904, Judge ]3ellinger began
reading his instructions to the jury. They were fair and impartial tbroughout,
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 fQllows: 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. Weatherly, farmer, Wallowa County;
C. 1-1. Duncan, farmer, Baker County; W. H. Dilley, contractor and builder,
Benton County; I. M. Foster, farmer, Clatsop County, and Richard Waugh,
stockman, Pendleton, Umatilla County. Page 170 Puter estimating the timber on
one of C. A. Smiths fraudulent claims in 14-3
Page 171
Chapter XII Puters motives for aiding the GovernmentHis co-operation with Heney
and Bums the mainstay in the efforts to connect 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 friendsC. 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 Bellinger granting us forty days in which to
submit and argue same. In the meantime we were remanded to the cnstody 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. Matthexvs 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, 1
suggested to Mr. Proebstel, when breakfast was over, that we return to the
Marshals 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 Marshals 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 Marshals
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 n~re. He stated that
his name was being mentioned freely as a subject for probable indictment at some
later date, Page 171
Page 172
and that, should he come forward at this particular time as among those who had
given me either moral or financial support in any way, the result would be
obvious. Mr. 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 prosperity; 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 friendnot of the stripe heretofore mentiouedwho 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
brothers report, as it was necessary for me to secure one more bondsman in order
to obtain my release, and Mr. Mays, I still thought, was in duty bound to supply
that man. I called upon Mays, accompanied by Mr. Proebstel, the latter remaining
in the hallway until the close of our interview. Upon entering the office, I
found Mays 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 bdndsman, as the statute prohibits an attorney from doing so. Yes, I
am aware of that, Mr. Mays, was my answer, 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 dont 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 indifference. I could see from his very Page
172
Page 173
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 II 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 themthe
three that you gotwithin 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 Ii have dealt, and for whom I have worked, should throw me down you
dont mean this, Mays, I know you dont, 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 you at
every turn. Mays had little to say after that, but the look he gave me spoke
volumes. 1-le 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 higher courts. Page 173 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 174
Finding Mr. Proebstel 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
npon Jones and Kribs, 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 Mitchellwhy 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 identjfied with each
other, I look upon them as one person, determined to force me to the wall, and
to effect, 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
peetce, 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 beeii 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
Page 175
Jones hit only the high places in reaching me, and meeting me in the hotel
lobby, said: Pnter, what is the matter? I learn that yon are going to cnt loose
and give the whole bnnch of ns awayis that so Well, I replied, yon are a nice
lot of fellows, particnlarly Mays, Mitchell, Kribs and yonrself, for now that I
have been convicted, Mitchell condemns me, while Mays, Kribs and yon have seen
fit to pass me np in the most deliberate and cold-blooded manner. Both Mays and
yonrself, being my partners in those timber land schemes for the past eight
years, shonld have been the first to offer me~ assistance, and which, yon well
know, shonld have come to me nnso- licited; bnt yon failed to appear, and when I
was forced to call personally, becanse of yonr non-appearance, I was tnrned down
like a white chip. Up to this time I have never nttered a word to anyone abont
the fraudnlent character of the transactions in which yon were all involved with
me. On the other hand, I have stnck to yon all from beginning to end. Jones
conntenance assnmed a look of serions solicitnde as he replied: Be reasonable,
Pnter, and I will see Mays and Kribs and the rest of them, and between us all,
we shall see that your fine is paid ! Youll 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 lVIays, Kribs and
yourself wo~i4d show me the consideration to which I was entitled. I had no
other thonght th4n that you would all hasten to my aid, and the only question in
my mind, immediately after conviction, was which two of the three I would permit
to go on my bond without offending the other. Yon know, Jones, how badly I was
mistaken as to yonr respective dispositions. I knoxv now what kind of fellows
you are, and you will all have to answer at the bar of justice because of your
miserable conduct toward ~ Jones beggingly implored, Dont do it, Stevedont 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
repntation, further exposure will simply ruin the timber bnsiness, and there
wont 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 rednced to misery and shame, and to think, moreover, that he
was yet to snffer 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 whom 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, bnt, 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 suffered 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, I walked
deliberately from my own room to that of the Government prosecutorin the same
hoteland knocked for admission, with Page 175
Page 176
the same degree of charity that the penitent sinner would display in seeking
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 Grand Jury for the purpose
of testifying in those cases. What, might I 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.
Heney, 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 wbich 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. If you can substantiate these
statements, replied Mr. Heney, you may come to my office at 10 oclock 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 docurqents 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 xvith 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 equal 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
Page 177
The famousUnited States Grand Jury that returned tndictments in the Oregun land
frauds: Reading frum left ta right: A. Bettinger, capitalist, The Dalles; V. W.
Rnhnett, farmer, Liun Cunuty; Christian Christensen, fruitgrower, Multnumah
Caunty; A. H. Parsuns, farmer, Uniun Caunty; J. W. Jury, (Secretary) farmer,
Mariun Cunuty; J. R. Hays, farmer, Clackamas Caunty; Juseph Essner, lahurer,
Washingtnn Cunuty; L. R. Herren, farmer, Mariun Cunuty; William Shepherd,
farmer, Yamhill Cunuty; Juseph Fetzner, capitalist, Jusephine Caunty; W. H.
H.Wade, (Fureman) farmer, Clackamas Cunuty; Geurge D. Peebler, farmer, Umatilla
Cunuty; Juhn Shaw, farmer, Untun Caunty; Faster Adams, hutel keeper, Murruw
Cunuty; Geurge Giustin, merchant, Purtland; L. A. Vugal, farmer, Umatilla Caunty;
W. P. Duttun, stnckraiser, Murruw Cnunty;~ Fred. G. Buffum, merchant, Purtland;
L. N. Edwards, farmer, Bentun Cunuty; Francts J. Heney,Special Assistant ta
United States Atturney General, and William J. Burns, uf the Guverument Secret
Service. Frank Bulter, theKremaining member uf the Grand Jury, was ill at the
time this picture was taken, hence dues nut appear in the phutugraph
Page 178
Did you, Mr. Puter, have any business dealings with the Senator prior to 1902 ?
Yes, sir, I did, was n-iy reply. I thereupon stated the nature of these
relations. Mr. Heney then asked me to indicate what business, if any, I 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 5., Range 7 E., in Linn county, Oregon,
involving those upon which I was tried and convicted. In response to Mr. Heneys
suggestion that I explain to the members of the Grand Jury all about the method
of acquiring title to the 12 fraudulent home- stead entries, I proceeded 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 Forest 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
headquarters, and how, upon my arrival there, I had employed Senator Mitchell to
use his influence with Binger Hermaun, Commis- sioner of the General Land
Office,~to secure the issuance of patents without further (lelay. After I had
entered into a careful explanation of all these details Mr. Heney then asked me
this question: 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 rhe 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 where 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 particularly with reference to entries on that certain page 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. Heiiey 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
Page 179
During the course of my examination, I was questioned closely relative to my
motive in using 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. As 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 oclock
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 iVIr. 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
office, 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
Page 180
The prosecuting officer, Francis j. Heney, filled the newspapers of the United
States with press dispatches from Portland ten days before the Grand Jury met,
to the effect that I 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 questions 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. If 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
moments 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 Mitchells subsequent indictment and conviction.
Senator Mitchell continued on his way to Washington City, and lost no
opportunity to denounce and villify 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
Page 181
Portion of 5,000 acre tract of timber land in Tillamook Connty, Oregon sold in
1898 for $1 an acre, and now held at $100 per acre
Page 182
And so the matter stood: some for and some against Mitchell, with the
preponderance of public 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 statesmans 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 Senators 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 H. MITCHELL, of
Oregon, to CHARGES MADE AGAINST HIM. REMARKS IN THESENATE 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 Statesand this
is in substance and effect the in- dictment reportedare to the effect 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
Page 183
Emma L. Watson, Salmon 13. Ormsby, Clark E. Loomis, William H. Davis, and
others, to defraud 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 public 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
Washington, on March 9,1902, or at any other time or place, offer me, or pay to,
or give menor did I on March 9, 1902, in Washington, D. C., or at any other time
or place, accept or receive from S. A. D. Puterthe 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, and I denounce the said S. A.
D. Puterthis 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
Page 184
J.Heney, prosecuting officer representing the Government, made this infamous and
atrociously false charge against me for the purpose and with the expectat~n 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, 1905: WHEREAS, A rumor has been circulated to the
effect 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, RESOLVED, 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 Foothills of the Big Horn Mountains in Wyoming,
located by dummies as timber land
Page 185
I was quite sure, beyond the question of doubt, that many of the Grand Jurors
who indicted Senator Mitchell had changed their minds and believed they 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 truththe whole truth, in factbut at
the same time a feeling of unrest came over me, and I feared for the outcome of
Mitchells 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 Mitchells 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 Banquos ghost, and would not down. It must be donebut how?
Finally a thought struck methe 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, whereby 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 effecting 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 Mitchell by his agent Kribs, in Portland, Ore., for his Page 185
Page 186
services in expediting the patents. I 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