Page:Federal Reporter, 1st Series, Volume 5.djvu/244

 232 FEDERAL REPORTER, �before a notary, with her husband, that she could not or would not support in detail upon a cross-examination by counsel before the examiner. Besides, there are three sons of the defendant Jeremiah — Madison, Marion, and Andrew — and one daughter, Mary Ann, who ought to be material witnesses in this case, and have not been called or examined by him; and the first of these, Madison, is a defendant in this suit, who bas answered, simply denying the fraud "as to himself." �The evidence taken is quite voluminous, and in some mate- rial particulars conflicting and unsatisfactory. But the weight and direction of ail the evident and controlling circumstances in the case tend strongly to the conclusion that the money was obtained from the plaintiff by fraud; that Moses Elliott was not drowned in the Columbia, but at the commencement of this suit was still alive and practically living with the El- liotts, under the assumed name of Frank Williams. �It is admitted, or satisfactorily appears from the evidence, that in September, 1869, Moses Elliott came from lowa to the Pacific coast, and that in June, 1870, the father and mother, with their children, Madison, Marion, Andrew, Eldora, and Mary Ann, came to Portland direct from lowa, and that Moses was either here at the time or came with them from Nevada. The father and sons got employment at the Eagle Clifif oan- nery, on the lower Columbia, and in the fall the family moved to Columbia county, Orego», near Westport, where Jeremiah took up a quarter section of land under the pre-emption law, upon which he lived until his removal to Jackson county in the fall of 1873. W. H. Deardoff, a half-brother of Arty Mesy's, and who came to Oregon sometime before the Blliotts, lived with them. The house was a small cabin of two rooms, built of old, round logs, and contained very little furniture, and that of no value. Neither the father nor the sons appear to have had any special trade or vocation. Moses worked some in the cannery, and getting out piles and stave timber, but pre- ferred hunting, to which he was much addicted. The mother took in washing, and to ail appearances they were very poor, living from hand to mouth, and so represented themselves to the neighbors. ����