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Show ' Ids to Trials for m Same Offense, Ke That They Have Al-Ky Al-Ky Been Convicted on mL New Charges. wfia Is Sustained It Will Throw 5-B tho Cases 0ut of Court. KtLAND, Or., Doc. 12. Before tho moi the second of the land frauds Kucy cases, -which was to have be-sJiw;tho be-sJiw;tho United States District court Sjrow, Judgo C B. Bollinger will BKT'-ploas filed today by the attorneys jjftaiio Ware, Horace G. McKlnley jXt a. d. Putcr, convicted of con-Kto con-Kto defraud the Government out of Kjands located In township 11 south, jfM.,7, cast contend that if persons arc fvMd with several acts of conspiracy fcMraud and separate 'Indictments are for each act, each net does not tute a separate crime, but Is pre-iio pre-iio bo an act in futherance of ono racy ombracing all the alleged fTraud and conviction or acquittal she indictment amounts to convlc-riacqulttal convlc-riacqulttal on all. ho ground that a person cannot bo placed In jeopardy for the same t they allego persecution on tho conspiracy Indictments. Pbuld End Further Action. effect of this latest move of doits do-its to avail themselves of every Icallty of law, would be, In case ire sustained, to bring to an cad Sequent proceedings against thoso ants already convicted of con-f. con-f. It was the intention of tho dc-to dc-to brine the matter before the Sitoday, but the non-appearance of 5 KBelilngc-r prevented, and It will ly bo settled tomorrow. p les A- Hr.rdy. representing MIsa :Uiaa lied with the court a plea of n rfacqulttal and this will bo argued, It ileast disposed of by the court be-V be-V Jie case now pending Is proceeded '2 Mr. Hardy, In his plea, holds that Miss Ware was Indicted by tho : JJury for conspiracy to defraud tho . liStales out of a part of Its public and was tried on that Indictment jon motion of the prosecution, waB led, that such procedure and such till forms a bar asalnst further lutlor. on the same charge, under le of law which provides that a de-it de-it cannot be placed twice In Jeop-for Jeop-for the same offense. J. Make tho Same Plea. yt fo Thomas O'Day, representing tho defendants In conjunction with I incc Pntcr, will file a plea of former i itlon tomorrow In behalf of S. A, I iter, Emma L. Watson and Horace el :Klnley. The attorneys for the do-. 'l' contend that since the defendants I rned have already been convicted I insplracy to lofraud the Govern- .out of Its lands, they cannot, under S it, be again tried for that ofTense. I rlct Attorney John H. Hall on the I land takes tho position that the ln-its ln-its In the prior case were not for --' Ing to defraud the Government out ;! Ic lands In general, but out of land silly described as being a part of - Hip 11 south, range 7 east. conspiracy, contends tho prosecu- ii jpon which the Indictments were re- ;ln the case which will be trk-d lo- w, was formed subsequently to that Tf which tho Indictments in -the first :S were made, and upon entirely dlf- 0 lland, jCourt Huled Against It. II upport of his view, air. Hall calls Ion to tho fact that during the ilrst Z court would not allow any cvl-J cvl-J lUndlns to show conspiracy to de-""Ut de-""Ut of any lands other than those t township. It la therefore evident, IK to Mr. Mall, that two separate tlnct crimes or conspiracies have iKjiarssd, which makes tho .pleas of tense of no effect and void. fa .Butt, who has been endeavoring to 01 a' bond of J2000 for the conspiracy f no ono of S-1000 for tho case of for--i !j"Slng over him, has been unablo riao bonds satisfactory to tho pros- ft attorney and' is therefore In jail. JTVaE arraigned thin mornings and ' J. Jot guilty to tho charges placed m m m tllc Indictment. Ho will, m i; John Doe In tho conspiracy case, 0 w trla tomorrow, while the trial of V nga nst him will bo tried at a Went date. E |