photographic process, so that the jury could readily perceive the similarity in the two signatures without the corroborative aid of expert testimony.
A fortnight before the trial, McKinley and I had sent surveyors and others conversant with timber lands to township 11-7, accompanied by one familiar with the situation, and who was delegated by us to see that these prospective witnesses would view the alleged cabins and improvements through "smoked glass." In other words, they had purposely been shown cabins in other townships that had no relation to those in 11-7, and being ignorant of the deception that had been practised upon them, were prepared to testify in support of the contention of the defense that the homestead laws in regard to improvements and cultivation had been fully complied with. It was while we were in the act of rehearsing their testimony for use at the trial that we became cognizant of the fact that the Government had already sent A. W. Barber, an experienced surveyor, and a clerk of the Division of Surveys in the General Land Office, accompanied by a stafif of assistants, who had not only run out the lines of each claim but had secured numerous photographs that indicated beyond any question of doubt that the purported improvements and cultivation was a myth. Under the circumstances we did not feel justified in placing our doctored testimony in evidence for fear of disastrous consequences.
Much notoriety had already been given the case through the local press, and as eminent counsel had been retained on both sides, the trial proved quite a drawing-card, all available space in the courtroom being occupied by an expectant throng, while the hallways and corridors of the Federal building were jammed to their fullest capacity by an eager mass of humanity.
Less difficulty was experienced in securing the jury than was anticipated, and after the opening addresses had been made by John H. Hall for the prosecution and Judge Thomas O'Day for the defense, the Government called Charles B. Moores, then Register of the Oregon City Land Office, as its first witness, for the purpose of identifying the homestead applications and other papers embraced in the twelve entries. An objection to the introduction of this evidence was interposed by Judge Pipes on the ground that the documents having been dated three years prior to the indictment, were barred by the statute of limitations. The discussion following the question of admissibility of this evidence consumed the balance of the day, and resulted in the objection being overruled.
After the adjournment of Court, I learned that Congressman Binger Hermann, ex-Commissioner of the General Land Office, was in the city in response to a subpcena by the Government to appear as a witness, and I proceeded to call upon him that evening at the Imperial Hotel for the purpose of ascertaining the nature of the testimony he expected to give. Mr. Hermann assured me that he was in the dark upon the subject, and in reply to my suggestion that perhaps he had been called to identify Mrs. Watson as the woman who had appeared before him at the General Land Office in Washington, D. C, at the time the patents to the twelve homestead claims were expedited, coincided with my deductions. Whereupon I drew the inference that inasmuch as three years had elapsed since the occasion of Mrs. Watson's visit to his office, it was not likely that he would be able to identify her, and was pleased to observe that Mr. Hermann was willing to admit that I was probably correct in this assumption also.
This was good news, for while I expected that the ex-Commissioner would be found on our side all right, I hardly hoped that he would be able to forget Mrs. Watson with such remarkable ease, especially as she had made repeated visits to his office, and must have impressed him in various ways upon each occasion.
I then called Mr. Hermann's attention to a talk I had just had with Mays, in the course of which he had informed me concerning a telegram he had that day received from Senator John H. Mitchell, stating, in efl^ect, that the latter expected to reach Washington the next day, and would remain at the National capital until the close of the approaching session of Congress.
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