Salt Lake Tribune | 1905-06-13 | Page 1 | Judge DeHaven Opens Land Fraud Cases

Judge Deliaveo Opens Land Fraud Cases Hears Arguments on Senator Mitchell's Mitch-ell's Demurrer Objecting to Form of Indictment. PORTLAND, Or , June 12 -Sklrmlshlng, preliminary to the real battle between tho United States Government and United States Senator John H Mitchell, com-men. com-men. . .1 today with arguments upon the demurrer Interposed by the defense to tho Indictment charging Senator Mitchell with having, while a United Stales Senator, accepted money for his Influencing the United States general land department t" expo, in rlaln land claims, which the Indictment contends was trauduli nt Takes It Under Advisement. United States District Judge John J. Di Haven of San Francisco, delegated by United States Circuit Judge Charles II Gilbert, to hear the so-called land fraud cases presided In the United States District Dis-trict court The, Government was repro-sented repro-sented by District Attorney Francis j H. cney; Senator Mitchell by Judge a. S. I . . nn. 1 1 of Tie Da II. s ' i . and S. na tor Thurston. After hearing oral arguments, both sides having previously filed written briefs. Judge DeHaven took the motion under advisement. Gist of the Contention Tho gist of Mr Mitchell's contention Is that the charges in the Indictment are not segregateel and the amount received for each of the several claims the Gov crnment alleged he expedited Is'not speci- lleij. I 'on.-eque itly should he be acquitted In this trial, the Government could Immediately Im-mediately reindict him for the same offense, of-fense, in which event, tho defense contends. con-tends. ewlng to tho way tho present Indictment In-dictment Is drawn, Mr. Mitchell . would have no way of demonstrating that he had . 1 1 r. ruly !.. , u trh .1 on the v ime charge.