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 At no time did Mr. Heney or those associated with him in my prosecution. promise me immunity, nor had 1 discussed the subject with them, or they with me. I had observed, however, that Mr. Heney treated me with every consideration and kindness and that he was disposed to be friendly with me, particularly so after he had made the discovery that I told him the truth and had worked to the end that additional testimony and evidence was adduced in substantiation of my statements.

In reviewing- these incidents, I also called to mind having- appeared before the U. S. Grand Jury, in the i)resence of Mr. Heney, at which time I related in detail my connection vith the cases under consideration and which, of itself, places me beyond the means of offering a defense, should Mr. Heney feel disposed to push the cases, and if convicted in each one, it would mean a term of years in the penitentiary that would remove all hope of ever being able to meet my obligations, as the interest alone on my accumulated debts would amount to no small item in itself. My family, too, wdiich consisted of a wife and six children, was dependent upon me for support and this fact alone weighed heavily on my mind.

My escape from Burns was the only stumbling block in the way. I knew of course, that he would exert himself to the utmost to influence Mr. Heney against me, for although we had been the best of friends during the land fraud trials in Oregon, while I assisted the prosecution in the collection of evidence against the accused, recent events would unquestionably have changed his feelings toward me, as my escape in Boston was the first time Burns had met with defeat, and to one of his reputation and pride, this incident, which was given widespread publicity, was very humiliating.

I reasoned, however, that it was with Mr. Heney, not Burns, that I had to deal, and that, if I could only convince him of the truth of my position in this matter throughout. I would have nothing to fear.

I resolved, therefore, to return to San Francisco and seek an interview with Mr. Heney, at which time, it was my purpose to lay the whole matter before him and to explain just why I had gone East and what I was doing there when Burns appeared on the scene. I would also explain to him why I determined to escape, the incidents attending my escape, and subsequent events, all of which, I believed, would convince Mr. Heney that I had no intention of leaving the country.

If, after explaining matters, I found that Mr. Heney took a liberal view^ of the situation, and showed a disposition to receive me into the fold and to accord me the same treatment afforded me before leaving Portland for the East, I would, in that case inform Mr. Heney that I was at his command and request him to state his pleasure. If, however, I found him ill disposed to receive me kindly, or to give my story due consideration, I would, in such an event, tell him that I must take my departure and return from whence I came.

As a matter of fact, my idea in wishing to hold private conference with Mr. Heney was based on a desire to sound him as to his feelings towards me. I had fully made up my mind to be governed entirely by his conduct upon that occasion. H his manner should indicate a lack of forgiveness, or that he was inclined to be arbitrary with me, it was my intention to make every pretense of yielding to his terms, and then lose no time in getting out of the country. I had planned to take the overland route on foot through Sonoma and Mendocino counties to my old home in Humboldt county, where I was perfectly familiar with every inch of the ground, and where I could remain secluded among friends in the backwoods until the affair had blown over. After that I could make my way to the seacoast and secure passage on some sailing vessel bound for a foreign port, and thus be in a position to defy the Federal authorities. These are the matters that had been revolving in my mind from the moment I had determined upon my present course, and explains my motive in wishing to meet the Government prosecutor at some neutral point where he would not hold all the advantage.

As a word of additional explanation of my position, I will state that, before leaving New York City for the Pacific Coast, I had thoroughly made up Page 268