United States v. Mitchell

• Decision Date: 11 September 1905
• Docket Number: 2,890,2,898.
• Citation: 141 F. 666
• Parties: UNITED STATES v. MITCHELL et al.
• Court: U.S. District Court — District of Oregon

141 F. 666

UNITED STATES v. MITCHELL et al.

Nos. 2,890, 2,898.

United States Circuit Court, D. Oregon.

September 11, 1905

Francis J. Heney, for the United States.

John M Gearin, for defendant Binger Hermann.

HUNT District Judge.

It is charged that on February 1, 1902, defendants conspired and agreed together, knowingly, wickedly, and corruptly to defraud the United States out of the possession and use of and the title to, divers large tracts of the public lands within Oregon, which lands had been, prior to September 28 1893, open to entry under the homestead laws, but which were on that day included within the limits of the Cascade Range Forest Reserve by executive order, and withdrawn from settlement and entry, under the laws pertaining to forest reserves. It is alleged that the said unlawful conspiracy to defraud the United States was one for obtaining, for the profit and benefit of defendants, and appropriating the possession and use of, and title to, and the proceeds of the sale of, the lands, as set forth, by means and in pursuance of a certain false, fraudulent, and corrupt practice of them the said defendants--

'Whereby, relying upon the fact that the said Binger Hermann, as, and who then was, Commissioner of the General Land Office of the said United States, had the power to recommend and secure the issuance of patents conveying title in such lands from the said United States to entrymen under the said homestead laws, in cases where the records of the said land office and General Land Office showed that homestead entries had been made upon the same prior to the day last aforesaid, and that the persons appearing to have made such entries had continued to reside upon and cultivate such lands, notwithstanding such entries might be false and fraudulent, and relying also upon the fact that titles so obtained under such patents could be sold to persons who might want to relinquish the same to the said United States, as was and is allowed by law, in exchange for better lands, lying outside of the limits of the said forest reserve, they, the said John H. Mitchell, Binger Hermann, Stephen A. D. Puter, Horace G. McKinley, Emma L. Watson, Dan W. Tarpley, Elbert K. Brown, Mrs. Nellie Brown, Henry A. Young, Frank H. Walgamot, Clark E. Loomis, and Salmon B. Ormsby, were to take advantage of the fact that there had been made and had been filed in the land office of the said United States at Oregon City, aforesaid, divers false and fraudulent applications and affidavits in writing for the entry of the said lands under the said homestead laws as and for applications and affidavits of bona fide settlers upon the said lands, and divers false and fraudulent affidavits as and for affidavits of final proof of the settlement of such persons upon the said lands at a time prior to their said inclusion within the limits of the said forest reserve and to their said withdrawal from entry, and of residence by such settlers upon, and their cultivation of, the same lands, in pursuance of and subsequent to such settlement, as is required by the said homestead laws-- false and fraudulent, in this: that some of such applications and affidavits were made in and under assumed names of persons executing the same or causing the same to be executed, and none of such applications and affidavits were made in and under assumed names of persons executing the same or causing the same to be executed, and none of such applications and affidavits was made by a person who had in fact settled upon the said lands prior to their said inclusion within the limits of the said forest reserve and to their said withdrawal from entry, or, who had at any time resided upon, or in any manner cultivated or improved, the said lands, and were, directly, or through intermediate conveyances, to acquire such titles from the said United States in the name of the said Emma L. Watson, and, by and through her, to sell and dispose of the same so that they would finally become the property of persons who would have no knowledge of the fact that they were so unlawfully and fraudulently obtained from the said United States. * * * That, in pursuance of the said unlawful conspiracy, combination, confederation, and agreement, and to effect the object of the same, and by means thereof to defraud the said United States out of the possession and use of and title to a certain tract of the said public lands, that is to say, the northeast quarter of section thirty-two in the said township and range, containing one hundred and sixty acres of land, to enter and obtain title to which said tract an application and affidavits of the kinds aforesaid, respectively false and fraudulent in the particulars aforesaid, had, before the day in this indictment first aforesaid been filed in the said land office at Oregon City in the name of Emma Porter, that being an assumed name of the said Emma L. Watson. The said Salmon B. Ormsby afterwards, to wit, on the fourth day of February, in the same year nineteen hundred and two, at the city of Salem, in the said district of Oregon, unlawfully did make and execute a certain jurat, to wit, a jurat of the tenor following:

'Subscribed and sworn to before me this 4th day of February, 1902, S. B. Ormsby, Forest Superintendent,' upon and to a certain deposition of one L. Jacobs concerning the supposed settlement and residence upon the same lands by Emma Porter.'

Other overt acts are alleged, of a similar nature to that just described.

It is also alleged that, in pursuance of the said unlawful conspiracy and agreement, and to effect the object of the same, and by means thereof to defraud the United States out of the possession and use of and title to all of the tracts of public lands described in the indictment, the said John H Mitchell, on March 3, 1902, at the city of Washington, unlawfully did prepare a certain written affidavit for the said Emma L. Watson to sign and swear to. This affidavit, made by Mrs. Emma L. Watson, substantially states that she owned by purchase certain described lands; that she paid in the aggregate for them a little over $8,000; that when she bought she was advised that the titles were good, except that patents had not issued, but would be issued at a very early date, in the regular course of business; that, in order to raise money to purchase the lands, she had borrowed a large sum of money, and that she would suffer great injury unless her rights could be determined by the Interior Department at Washington; that all of the lands bought were homestead entries, and that she believed they were all made without fraud or other cause which would stand in the way of the issuance to the entrymen of patents to the lands-- wherefore she asked speedy examination and action. The indictment contains another affidavit, made by defendant Puter, wherein he states that he was the representative of Mrs. Watson in investing her money, and that he advised her to buy the lands, and assured her that the titles were good, except that patents had not issued, and that he was put in an embarrassing position, as there was some delay, and certain attacks were made on a portion of the entries described, and that it was a matter of much importance to Mrs. Watson and himself that there be a speedy determination of the homestead entries. It is charged that on March 3, 1902, at Washington, D.C., defendant Puter did pay to John H. Mitchell the sum of $2,000 in...