Page:Looters of the Public Domain.djvu/196

 "Have you any reason for believing otherwise, Mr. Puter?" inquired the Government prosecutor.

"To believe otherwise?" I echoed. "Why, I not only believe it, but I know as a positive fact, that every statement contained in that affidavit, outside of the portion relating" to the young man's name, address and occupation, is an absolute falsehood from beginning to end. Not one word of it is true. It appears to me, Mr. Heney," I continued, "that this young man does not properly understand the nature of an oath, else he never would have permitted himself to sign that document. It looks, indeed, that he is determined to break into the penitentiary, where he will very probably land, if he continues to insist upon the truth of this affidavit."

Mr. Heney, remarking that he would like to explain to the young man the penalty for making a false oath, picked up one of his law books, and read therefrom the statute relating to the crime of perjury, the extreme penalty for which was imprisonment for a term of five years. After Mr. Heney had concluded. I walked up to Houser, and looking him squarely in the eyes, said:

"Young man, I know the circumstances surrounding your connection with this claim—I know all about it, in fact, from A to Z, and I know, as I have just stated to Mr. Heney, that when you swore to it before Mr. Burns, you did so knowing- that it was false from beginning to end. Now, sir, that claim, to my certain knowledge, is known as the 'Josephine Jacobs Claim,' and was taken up originally by her through me something over three years ago. Miss Jacobs made final proof and sold the claim to Fred. A. Kribs. The entry was later suspended by the Commissioner of the General Land Office, for the reason that, upon examining the papers, it was discovered that she was under the age of 21 years when the final proof was made."

(Note:—It might be stated, incidentally, that at the time of making her final proof on this claim. Miss Jacobs was asked by the Register of the Roseburg Land Office if she was of age, and received an affirmative answer, she being under the impression that 18 years constituted lawful age. Under the laws governing the acquisition of Government lands, however, a person must be 21 years old at the date of entry. Special Agent Loomis—of 11-7 notoriety—had been sent to investigate the fraudulent character of the 33 entries embraced in the Township 14 South, Ranges 3 and 4 East, deal, heretofore referred to. and while securing- an affidavit from Miss Jacobs, had asked her to state her age, which she then declared was 20 years. The discrepancy was discovered in the General Land Office, and the entry was suspended accordingly, Miss Jacobs being allowed 60 days in which to show cause why her entry should not be cancelled.)

"You will perceive now," I continued, "that I know something about that claim of yours, and when I received information relative to its cancellation, I advised Mr. Kribs of the situation, and requested that he get someone else to file on the land immediately, whereupon he informed me that his locator, John Givens, had met you on the streets of Roseburg, and told you that if you would file on this particular tract, he would furnish you with the necessary funds with which to prove up, and give you a bonus of $100 for your right as soon as final proof was made. You acquiesced in this arrangement, and carried out your portion of the agreement to the letter. I know, also. Mr. Houser, that after your conversation with Givens you proceeded at once to the Land Office up stairs, where you filed an application for the land without ever having seen it, although you made oath that you had been over each legal subdivision thereof.

"On account of the interference of the Josephine Jacobs claim, which had not yet been cancelled, your application was rejected, whereupon I secured her relinquishment and forwarded it to Givens, who filed it in the Land Office simultaneously with your application, and the latter was then placed on file.

"Givens not only attended to advertising your notice of final proof, but also furnished the witnesses and money necessary to make all payments, and everything that you did in connection with the matter was to appear before the Register of the Land Office and make oath that you had been over the land; that

Page 190