Page:Looters of the Public Domain.djvu/350

 In its decision rendered January 6, 1908, the United States Supreme Court held that Williamson's plea of exemption from prosecution was without merit, and sustained the validity of the indictment under which he was tried in every feature. He was granted a new trial, however, upon his exceptions to the introduction of evidence showing that contracts and agreements had been entered into between the defendants and the entrymen after the filing had been made, whereby the claims were to be transferred to Williamson & Gesner upon the issuance of final certificate. Upon this particular point the tribunal ruled in effect, that the lower Court erred in permitting- the introduction of such testimony, and virtually held that while it was contrary to the law for an entryman under the Timber and Stone Act to enter into any agreement to sell the land embraced in his entry before filing. he could do as he pleased with his claim afterwards. The decision, in short, amounted to a notice to the world that no matter what understanding there might be as to the subsequent disposition of timber lands, so long as it could not be proved that the tract had been taken up for speculative purposes at the date the entry was filed, no law was violated.

Without considering the question of the guilt or innocence of the defendants, all of whom are highly respected citizens of Crook County, it will be seen that the decision of the Supreme Court practically nullifies every effort of the Land Department to prevent the acquisition of timber lands for speculative purposes, and throws down the bars to indiscriminate abuse in that regard. Considered from any standpoint, it was a vicious interpretation of the law, and it is to. the credit of Justice Harlan that he refused to acquiesce in the ruling.

While the Government officials maintain that enough evidence was introduced at the trial of defendants to prove that there was a clear and distinct understanding before the filings were made that the entrymen were to transfer their claims to the firm of sheepmen, and that Mr. Williamson could be convicted without the necessity for the introduction of testimony to show that they were to do so after final proof, it is believed that there will not be any further prosecution of the case, but that the Government will be satisfied to try the Ex-Congressman jointly with Binger Hermann in what is commonly known as the "Blue Mountain Forest Reserve Case." which is scheduled to come up at the next term of the Federal Court in Portland.

The three trials of the trio of defendants were remarkable in several distinct features, the most noteworthy, perhaps, being illustrative of the bulldog tenacity of Francis J. Heney, the Government prosecutor. The juries in the two preceding cases had failed to agree, and Heney was apprehensive that the third trial would result in like failure. The case went to the jury about midnight, and while the body was deliberating upon a verdict. Mr. Heney and Thomas B. Neuhausen, Special Inspector of the Department of the Interior, who had worked up the evidence against the accused, were in consultation in the private rooms of the United States Attorney's office, preparing for a fourth trial, which they intended to press immediately the next morning in the event of another disagreement. While the two zealous officials were in the midst of these deliberations, a messenger brought the news that a verdict of guilty had been returned.

A woman's intuition was the cause of the prosecution again.st Congressman Williamson and his associates. Mr. Neuhausen, while occupying the position as Agent in Charge of Special Agents for Oregon—an office since designated as "Chief of Field Division"—with headquarters at The Dalles Land Office, had received instructions from the Commissioner of the General Land Office to investigate the status of the various entries embraced in the two townships, so many sworn statements, or timber applications, having been filed almost simultaneously as to arouse the suspicions of the authorities in Washington. In the course of his investigations, Mrs. Neuhausen assisted her husband in many ways, her knowledge of the land laws and familiarity with the methods of acquiring title to public lands being of immense benefit to him. While going over the accounts and records of the local Land office, Mrs. Neuhausen made the discovery that the Page 344