him by the Federal Grand Jury, he would probably secure the services of Judge Pipes as his associate counsel, and would therefore esteem it a favor if I would also get him in the case with a view of familiarizing him with the issues.
While there is no question that Judge Pipes is one of the best lawyers in Oregon, and a man of sterling integrity besides, it struck me that Mays was saying one word in my behalf and making a whole Fourth of July speech for himself when he was so anxious that I should break Judge Pipes in with reference to the details of the case.
"If Hall should continue to have full swing," said Mays, "I shall not fear the outcome; but should this man Heney gain control of the reins, there is no telling where we might all land."
In discussing the situation further, he told me about having received private information to the effect that in addition to Col. A. R. Greene, Special Inspector, Department of the Interior, the Government had placed a large number of other Secret Service men in the field, who were making a systematic and thorough search for evidence against the accused, more particularly with reference to the 11-7 case.
This information caused me no end of worry, as there were ten people implicated in the fraudulent claims, and should the Government agents succeed in getting a confession from one or more of them, I felt that the jig was up. Mays, however, anticipated no trouble from this source, even though we should be indicted, contending that three years having elapsed since the transfer by deed to Mrs. Emma L. Watson through the original entrymen, the Government was barred by the statute of limitations in any criminal action.
I felt greatly relieved upon learning this, as I had the utmost confidence in Mr. Mays' legal opinions at that time. It has since transpired that he was very much mistaken in his assumptions, as we were afterwards indicted and convicted for our part in the 11-7 deal, the Court holding that the statute of limitations did not commence to run until three years after the issuance of patents.
Feeling thus secure, so far as the possibility of any indictment in the 11-7 case was concerned, our conversation drifted to the indictment involving us in the six fraudulent entries in 24-1. I had no hesitancy in assuring Mays that there was no occasion for apprehension there, as the six names constituting the supposed original entrymen were purely fictitious, hence the Government agents would find it uphill work to locate any of the claimants, thereby rendering it impossible for them to secure a confession.
These agents, no doubt, could find numerous persons who would make affidavit to the fact that they had never seen the alleged entrymen on or near the tracts embraced in their homesteads, but what would all that amount to when it became a question as to their actual existence and our criminal liability, I reasoned.
Mays was not so confident that my position was absolutely tenable unless Marie Ware, who was United States Commissioner at the time the final proofs were supposed to have been made before her, should stand pat. If, as Mays declared, Miss Ware could be relied upon to play her part, and Mrs. Watson was kept out of the way, he agreed that under those circumstances there was nothing to borrow trouble about.
Some days later I called upon Mays again and acquainted him with the contents of a letter just received from Mrs. Watson, in which she informed me of her intention to leave Southern California for Chicago very soon, and for me to communicate with her there. He was much perturbed to learn of this unexpected move, and expressed the opinion that she was displaying a degree of recklessness that was extremely dangerous. He insisted that I refrain from writing to her, as that would amount to certain detection, but instead that I should take the first train for the East, and upon my arrival in Chicago, that I insist upon her going to Canada, or one of the Southeastern cities, whichever she preferred.
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