Page:Looters of the Public Domain.djvu/449

 Those involved in this indictment have been referred to with such frequency in these pages that no extended comment is necessary. The "Robert Simpson" mentioned was a fictitious person. While the primary object of the indictment was to bring F. P. Mays within the meshes of the law, as a matter of fact, the latter was tried and convicted under indictment No. 2918, known as the "Blue Mountain Forest Reserve" case, and there is not much likelihood of No. 2887 ever coming to trial.

"No. 2890—Indictment returned December 27, 1904, against Salmon B. Ormsby, William H. Davis, Clark E. Loomis, Henry A. Young and George Sorenson, with conspiracy under section 5440 of the Eevised Statutes, to defraud the Government out of lands in township 11 south, range 7 east. Consolidated with case No. 2898, alleging conspiracy on the part of persons named with Binger Hermann, S. A. D. Puter, Horace G. McKinley, Emma L. Watson, Dan W. Tarpley, Elbert K. Brown, Mrs. Nellie Brown and Frank H. Walgamot."

The most interesting figure in this proceeding is Dr. W. H. Davis, the Mayor of Albany, Ore., at the time the indictment was returned, and also chairman of the Republican Central Committee of Linn County. It seems he undertook to do business in the fated township 11-7, upon practically similar lines to the system pursued by Puter, et al., but lacked the nerve to carry the scheme into execution, and abandoned the attempt. It was presumed that Binger Hermann, while Commissioner of the General Land Office, had a "stand-in" on the proposition, by reason of political affiliations.

"No. 2891—Indictment returned December 31, 1904, against Binger Hermann, charges him with conspiracy to secure title fraudulently to certain public lands."

This indictment had reference to the part Hermann is alleged to have played in the efforts of Puter to have the patents expedited for the twelve fraudulent homestead entries in township 11-7.

"No. 2892—Indictment returned December 31, 1904, against George Sorenson, charging him with a violation of section 5451 of the Revised Statutes, in offering a bribe to John H. Hall, then United States Attorney."

Sorenson was tried upon this charge, but the jury failed to agree, standing ten for conviction and two for acquittal after a long session. Heney accused the two recalcitrant members of the body with having been tampered with in some way, and his vehement remarks to them upon the subject after the jury had been discharged, provoked considerable applause from the other ten.

"No. 2895—Indictment returned January 21, 1905, charges George Sorenson with perjury, alleged to have been committed in connection with the first trial of the foregoing case.

No. 2897—Indictment returned January 31, 1905, against Earl Benson, William T. Nicholls, O. M. Lawrence, Hans Wadtli, Fred Wadtli, O. J. Mealey, William Mealey. John Thompson and Richard Watkinds, charging them with a violation of section 5399, Revised Statutes, in having threatened Andy Nicholls, a Government witness."

The defendants in this case were fellow "dummies" of Andy Nicholls, having been involved with him in the Townships 13 and 14 South, Ranges 3 and 4 East deal, wherein the Mealey brothers secured a large tract of choice timber land for C. A. Smith. The "faithful" blamed Andy for exposing them to the Government Secret Service, and threatened him accordingly. Heney promptly had them all indicted and placed under heavy bonds as a measure of precaution, and the photograph of Andy Nicholls, printed elsewhere, does not indicate that he was cast down to any great extent by reason of the threats.

"No. 2912—Indictment returned February 10, 1905, against Henry Meldrum, George E. Wagoner, David W. Kinnaird, Benjamin F. Winton, Gustavo Klaetsch, George Sorenson, Livy Stipp and Frank H. Dungan, charging them with a violation of section 5440, Revised Statutes, by means of fraudulent surveying contracts." Page 443