Page:Looters of the Public Domain.djvu/362

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evaded doing; time by reason of having secured a writ of error from Judge Wolverton, staying the execution of sentence. After this proceeding has been disposed of, both defendants will, in all probability, begin serving their sentences, as practically their last hope is gone.

The Government in this case was represented by Francis J. Heney, Special Assistant to the United States Attorney-General. of San Francisco, and William C. Bristol, United States Attorney for Oregon, while William D. Fenton, of Portland, and James D. Fenton. and W. Lair Hill, of Seattle, appeared for Mays; Judge Martin L. Pipes, of Portland, and S. B. Huston, of Hillsboro, for Jones, and Alex. Sweek, of Portland, for Sorenson.

It was unquestionably one of the most bitterly-contested cases yet tried in connection with the land frauds, as the three defendants were ably represented by some of the best legal talent of Oregon and Washington, Judge W. D. Fenton being the chief counsel for the Southern Pacific Company at Portland. He is a man of brilliant legal attainments, and considered one of the ablest lawyers of the Northwest. No man could have fought more earnestly or conscientiously for a client. W. Lair Hill also enjoys a splendid reputation as an advocate, and was in addition a personal friend and former professional associate of Mays at The Dalles. No stone was left unturned in the effort to save the accused, but their guilt was too firmly established by the overwhelming mass of evidence introduced by the prosecution to be overcome by the small amount of testimony offered in their behalf. It was during the course of Mr. Heney's closing argument that some of the most sensational features of the whole case developed. A great crowd had gathered to hear the distinguished prosecutor, and his appearance in the crowded courtroom was the signal for general applause from the spectators, which was checked instantly by the bailiff. Judge Hunt, who presided at the long trial, threatening to clear the courtroom if the offense was repeated.

At one stage of his impassioned address to the jury, Mr. Heney was interrupted by Judge Fenton, and the Government prosecutor retorted rather heatedly: "It doesn't make any difference, Mr. Fenton, before I get through I will skin you from the top of your head to the soles of your feet."

"If you do," responded Fenton with equal warmth, "I am willing to leave my hide in the jury box where I have six personal friends!"

This was considered an unfortunate remark by Judge Fenton, and was probably made under the excitement of the moment, as it was a reflection, in a way, upon the integrity of the jurors, and one that was evidently not relished by them to any great extent, if their scowling features was any criterion.

George Sorenson has never been sentenced, and it is questionable whether he ever will be, as the Government seems satisfied that he should not have been convicted under the evidence brought out against him in this case, his connection therewith, so far as the testimony went, being that of an agent for the other defendants, and it was not shown that he held any interest in the lands sought to be fraudulently acquired.

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