Show I WELBY IS I S NOT GUll Ii Verdict Returnel in His Favor in Timber Case I I I BY DIRECTION OF THE COURT I i When the Evidence for tho Government I Govern-ment was Closed tho Defense Without Offering Any Testimony Moved that the Jury bo Instructed I to Return a Verdict of Acquittal I which was GrantedJudgment for I McCuno in Gambling CaseDid L not Censure Jury 4 i The jury in the timbercutting case of the United States vs A 13 AVelby Deal Brothers and Mendenhall yesterday yester-day brought in a verdict of not guilty In the Federal court under Instructions from Judge Hummer When the verdict was rendered the defendants had virtually vir-tually narrowed down to Mr Velby the charge against K A Deal having been dismissed to permit him to testify tes-tify and It being admitted that no case had been made against the remaining two defendants There were two sets of cases against the deicndants civil and criminal The civil cases were compromised some time ago by tho defendants paying to the Government something over 10000 It was presumed without any positive information in-formation however that the criminal cases would also be ordered dismissed but the Department of Justice at the request of the Interior department Instructed In-structed tho District Attorney here to prosecute the cases O F Davis chief clerk of the local I Land ofllce testified that the land described de-scribed In the complaint was Government Govern-ment land A D Perron the civil engineer en-gineer who testified on Thursday also gave some evidence of a professional nature District Attorney Whlttemore then wished to put R A Deal one of the defendants on the stand Objection Objec-tion was made to this on account orDeals or-Deals connection with the case Mr I Whlttemore then stated that he would I use Ills discretion as District Attorney and ask that the case against R A Deal be dismissed This was done and I Deal was accordingly sworn lie said that there had been no agreement jwlth Mr Welby as to where the ties should I be cut MI Welby merely stipulating as to the number price and place of I delivery Mr Deal said Mr Welby did not know whero the ties were to be cut when the agreement was made but agrcod to build a tiespur wherever one was thought necessary Mr Deal said that J M Deal and L C Mendenhali had no connection with the mailer whatever other than an Interest as members of the firm They were not concerned in getting out the timber he said The defense put on no witnesses whatever Mr Whittemorc was asked if lie expected ex-pected to offer any evidence against J M Deal or Mr Mendenhall and replied that he did noL A motion to instinct the jury to find a verdict of not guilty was then made This was argued by counsel Just before the noon recess When court opened In the afternoon I Judge fIner briefly reviewed the tesll niony and staled that It did not appear from the testimony that Mr Welby knew the timber had been cut on Government Gov-ernment land nor did it appear that he directed the cutting of the timber on Government land lIe merely agreed to pay for the ties and made no agreement agree-ment as to where they should be cut As the cases against all but Mr Welby had been admittedly not proved and the evidence failed to constitute a case against Mr Welby the Jury was Instructed In-structed to find a verdict of not guilty After the verdict had been rendered Mr Whittemorc slated that as this was one of a series of similar cases he would Mice to report the result of this one to the department before proceeding proceed-ing with the others and asked that the other cases those against R A Deal et al and W W South worth ct al be continued for the term which was done |