Show CHAMPION CA LAND ND GRABBER 1 I justice coming home to the mora mon bia 0 gun sr 0 how the utah northern railroad procured a townsite how moses thatcher bowled out in a piece of dirty work D district I 1 attorney huston makes i a strong argument the defendant is held in twenty thousand dollars bail the preliminary examination of po counselor monc thatcher Thi tober on 11 charge of til of perjury was 1 lofurno united atto cum cm yosU rJay miro mes rt rd carey carcy and nd huston 01 ol of idaho represented the th united slat siam SI tM hod bud N ciure I 1 a star shkelia and young japp earea for or the defense mr kocl to the corn com complaint plant 1 ai I charging char gioK ha Liti client wi with th taicia distinct offen cop which lio be claimed was contrary contri iry to lo law nod and aiva was on injustice to hi client mr huston auston said fold the general MM subornation of perjury and he q ton acis which provide pro vidi loc if Averal iveral kovic 9 oat tf one transaction icing bcd under 0 one c indictment whether the nii ni ii i i arns court woud ure the pro elution rot eb ution on motion of the defendant fen dant dint to select or wg regato these dages was not a waiter gatior fur for consid d by taisi Iri burial lit jr jainti lined that dibi llio 0 off afe aso no charged were not of kf n nature that 1111 could ile be properly joined hero were thred distinct suit ami the evidence necea necessary sary to 0 j ottalia ono one might not prove the other i mr IT ilus on paid mid lie recognized the ilic doctrine laid down by cou counsel hot but be ball it a dij not apply to this mogo ol of the proceed jogs abo defendant was net upon trial the object of 0 the present was merely to astor lain whether there was iwas probable cause to hold bint for trial upon iho be ge it chargoy char goJ when upon trial wore another coart lie he had do co doubt at least it would be the dej dc feu dant s brigel t to 0 o be trie dupon upon each I 1 ellenw charged 11 tin is honor suid said that as no au authority thorit onty y had beia offered for so much liw presen tol la be bald refi nire one hotia to consider the question q nest 1011 A wall wai taken ot of ono one lour hoar on tc rc assembling at eleven oc look laii hn flonor granted the motion of the defendant to 10 divide tho the complaint ur mr huston opened tho the ewe case by reading broin the tho the penalty for perjury the rho net act of cangro Cun sra s known as the tiro pro liw law of milt see 13 requires any person who to enter land ball anske oath or i to tn the Us artl it register gister that hia ha it n fly twenty nty ono years of if oge age it ii not an owner of al 33 20 acres of 1 and land and doii dosai desai ii tho the land lie h las elfere for his hia manuo on u o auy person dalae ly io in this matter ii u guilty iio iliyof of perjury the coa pant seia forth that on the day or of Ta nuary and nl the other oiher partia cartiea complained of entire their lands end on od tho of may proved up it is 19 thai the pre butter buller woith aiges and leob ilenson Ile jn in teutla and io in fact art hivo have not noi resided a PO 0 or improved imp roel said eaid hizar lanaia la niia ld u did enter and prove up upun upon th tha nid ul I 1 lirida rids tor for tho the aaa booc fit aud gehauf of one ODO I 1 t and it II 0 cimpl complaint glut further or charges that tbt t the he said rh batcher thatcher at the inn and p see ace alforo at oro i built voit vo IO MII it at coic city on the aid laih of M lay 1871 dior did curo the taid aid john biggs biga alfred ilenson and FI filist litt buttrworth autt then and th to ni to 10 commit wilful wi atul and aad corrupt the of the statts he be proposed to show forth that ai at the time ul of iiii hu procuring the cerrill lule cate I 1 this land was jil in the 0 of filie the defendant or thoss acting under him that lat hi had ball not improved it t and bad disputed disposed or of portio portions port ioni nj of it to 0 other parties that subsequent to this his at the land office t this butterworth Hutter worth had ball made it yv war danteo deed ot of the land to tho the ro daut transferring trana terrine to him au all rig ria qt title rod and property of the immell butterworth is a young man without mea usand and the tha money debes arat ary til to 10 doise boise city aal prove up pI was fir far in of ILO iho amount hei was waa known to havo have control of 1 the bounel offered cop copia of 0 thi th records of the iho land ofeleo at baiso city as evidence mr sheet sheek objected to these as 08 being defective and nd unfit to bo be taken laan as 33 evi lenco tie TIC binl d oreen green 1 leaff that tho the ori origins galAl 4 r ilan t 1 ba prod produced aced in ia order to satisfy the court ot of tho the genuineness of tho sig big natoria na toroa I 1 I 1 mr IT jungton rc taia ob f ejection as wu was not against butterworth the produced were not dot direct evidence against the iho but formed a link in tho chain of avii dence original docu documents mentis cannot be procured from tho the departments of 0 the government bon bonca ca provision hii mado that certified copie colties be admitted bi as evidence evi deuce I 1 SM mi roller niter filter examining the iho pipers pers sold ho be would woold admit them as ey et I 1 i cam bitile ii ts tor for the tha were then sworn efforn james howarth tes tiled that he was a re of FrA 1 raullin uLlia oouida oneida Cou county sity idaho had lanou elliot butterworth cuti three or four our years yearn ju jurgo algo lim to ha be about years yean old le la lived by am ito aa mith milb tho the laud land pro by lint butterworth its ia not a man an ho be lilu II 11 with his bu soother hid had built 1 a I log leg cebin upon the land jana in io bich which his mother lived jid since march itt butterworth bas bail been engaged toi ged in ia lab laboriel labo round aleve seen no improvements put upon thu land except the be bouse h baj 2 s U not ot plow tloyd 01 or fenced f soy ady crua examined by can cm not bay butterworth baill oil abo land rathor rather thinks thinka ho daoa booti should judge lis bis ago to be b 0 over br eighteen probably nineteen aud and twenty oric one I 1 ay t he prosecution alavo known igawa alfred alli li enacia five or fix yeara know the laud he ha located oa esy first and nd oil frevik ui lived levad on a city lot had haa cover lived upon tho the load daod has made tie lio lin roT ement upon it A depot of tho visit alth NOrt laurn read leal hu beta bea it alfild averi live on it further evi depoo was wag given aven by dis in in regard to job join bigge au gutber vicarious by the del ousie A rood many I 1 m provo w ere cro upon fund on tile tho loth ot of may put out up by other cannot to li 11 wIll whither ther the iho lod land described io in the ihu complaint is s the land pro pre e ew led by bardes edve no of la ili matei ind bounds by tho court havis entered i a section myself cannot describe it ii without g to io the iho pa port pera am deputy united mar abal A war ut or rrt ot of il dlan ani was wi placed in my baud batul on the iho of august proceeded to logan september let itt and atrat nt to it house aire the iba wit wil ito a des riho d hii io in art ling of 0 hu his man which vero ato corta lely oi of a a lively character on A an a liun ii from coufol lor for do lonso tho prosecution explained thai ih ibis is evidence was wag offered that thai the defendant was nas evading eluding arrest Coun bol for defense fram was willing to admit that defendant was wai p pro re ident or of 1 lie northern utah nil oad road alno akio that bit the fire faro irom from koltin to boise is i 85 00 tile testimony introduced I 1 by file defens ts was waa to the mot abat the do defendant fondant openly circulated about town on his clan clandestine destino visit to salt lake the court here took look a recess loi for lunch amindon the court convened at clock xi carey opened the argument by briefly bricely reviewing the co 6 so 80 1 dav alris as shown lie dwelt apon t the he object of abi preemption pre emption and bo iowa alwa of the be united states which is to secure land tu to actual tied noil tona lona fie A settlers thi r s object las hai loon boon defeated and ovadia by tho the defendant in the lie internet in tot of tho the railroad con company puny af pf which ch hu it in sup ent cot the three men named aimed in the iho complaint la ahto ave barn induced ty by this tha dion dol to preempt pre empt a quanor bec tion ol of land each cub lur for tho the use of the rid and i make a UM false oath that they ore ire actual billion lers sad design ilia land for their own WO ht the tha fat fait is ii that the alie railroad rail roal cowpony do de to ili curo tit alio laud through tha of these tools and had bad before tho the proving up proceeded to lay out a ion a upon it the was will ing tu admit that all abe evidence wo od tu to es with this indictment had ad n not ot bron on doduc ed bt CA u ge of beella be elpa i inae attending the tha bringing a whole array 7 ol of wit absel from idaho ilia hii llo aur would det coMIDO from the testimony brought before him cause exis for holing the tha thAu daut tor for trial la in oneida I 1 co coonly coa onty idaho whim the lands lie are situated aitu situ Ked aled abundance abunda cco ol of witnesses can caa bo be found who are ru cog n if enough 0 has haj been adduced to tj FLOW i that the bm bas been committed it wn was clear that cal calo i 0 o existed lor for binding the abe defendant ivr mr r blecka aa a is u en cn comry in all a 1 l thoo church cates cam made it purel curtly y to inch clinical defense with 60 tomo me force upon use fact that the iho witness wilde IIa worth ronld not dot blow ebat tho iho lend in que quenion tion was wai tho the same as a abat described io id the papan of the ho boise City Iland office this ignorance materially affected the cose case IB as it was oot not shown that the iho alleged case of 0 perjury had been committed in ob tain ilig a title tilla to the iha land desert bed io in the ibe complaint lie jig further farther main that thai no CO evidence had bad boon been 1 reduced rod red d is ced to connect the dores defendant with the of lenso lense there wai w u going om con f fumal relation between sir mr 71 Thatch atcher cr the iho three land pro pre emphurs and ancl tho the utah northern railroad company but it should bo be borne in ia mind that the offense ol leDe ir if committed was vis commuted by the defendant igi lust the united states stales TO argument gumont nr was a an ingenious ow one 1 but being technical would have hato but slight interest for the general reader mr hubron said he should not ask aak ids hla honor to hold tho defea defendant dant nn ill loe lo 10 e 5 he bo could prove a case andor V he 0 strict provisions of the law this being merely it preliminary c nou iho tico of united states courts requires renu irea the production ot of only a sufficient u evidence to prove probable abla cause lie ile trusted that the opposite conniel not do lit him in the injustice to juppo 0 o ho he la had aa brought this case into court without bating a pretty tall fall knowledge or tho the value of the mony ho he would have to 10 present lie he glanced briefly at the feia it ai la evidence a on tile slat day or of january tho the parties named in the complaint mide made their declara declaratory tiry statement before t the lie lind river lie Kiver at boise balsa city and that on the tha iyih of may they made am aa oath 0 ath in proving up ap th that at they abe noro ore acting in in good faubina faith fau bind and tho the land vas lor for their own benefit and behoff A witness is ia then proda produced tied to show elow tint that with the tha eto option of butterworth those men have not re idol upon the laud land havo mode made no 04 improvements 03 49 ared bylaw by law and io in taking tailing the 08 oath th put pui to them lay by the register they tool 1001 a false oath AND berit oan nr op OF PERJURY it had becia shown that tho the re pond out ont woj was of it a railroad rail roid end aud also alno about that thai time was in ision mon ol of a largo it was also shown hawn that on oil ton toe return of those men from boise city the deeds deeda were all made the samis day conveying the laud land to mr this Thac ober and a suspicions auspicious fact is that tho the man who engineered this movement motomi nt through had and an ed the he parties to boise chiy ga bishop 1 l hilop hatch mido made no entry himself bun sill and apparently deri derived vid no bew beni fillrom fit from it the counsel dwelt dwell upon the fact to as that laboring men kiy if two bushels of wheat a day T tl 1 20 could each find cod four hundred dollars to pay their expenses to boise city together with the abo government price for or the land with this he connected the facts facia that hat the railroad company was wa im improving provin g the land hod had put up op a depot u upon on it sea and mr thatcher was the hea head 9 and front of thit that company all this a case at stronger even than could be re qed of him THE CASE WAS IMPORTANT there was not only a great moral turpitude in hu his of lenae it was not only a great to the abo honest settler but it partook largely of ingratitude the country might be described as ais almost in ar arain 1118 again the practice of diverting the public domain from tho the belef odaries selected by congress into the hands of bessm and corporations abin bi his cae ca e basof even greater enormity itye because ilia respondent has bos procured throe three ignorant men to cc commit m a serious crime to enable bim to defeat tho the ends of congress la in car 9 out the ibo contract previously modo 0 and perfected for tho the benottt 0 of I 1 the respondent ho he kotowi they auld c mid not perform what be required ol of leaona without committing poi perjury jury THE ilis ilia honor la bis doci aioo said caid althou the iho nieu men biggs aad worn not before lim him it that perjury had bad been committed by them at tile ciata tiata of proving up the laud bud nd the tit du fondant any knowledge of taij t for the railroad does doea not figure iu in the case ho he is a mau man of education and intelligence and ono of I 1 the lis foremost foremon fore moat t ia ut uth th abere ere was wa 11 no 0 doubt tha hit t he the tha men had bad committed perjury in making the oath required of them to prove their title i they illey are to bo be poor laboring moo men and quite unable to py pay the iho of trin eling devoral hundred miles to tile baud office in in t boise city still ud thou then paying thel the price for the land jand they had entered it was evident they i were vt for boine boin other who furnia bcd ell thorn tho the means the this laud immediately alter they hoy had procured the certificates cerU Bua taif tho defendant connected him with irich tho the whole traus action ila ho should bold the defees daut for trial at the next nest term of the court of idaho in the tha penal 5 sum of twenty thousand dol lars the required bail was fur bie bieland laed |