My first misgiving came when W. E. DeGroot, a Los Angeles pawnbroker, who was heavily interested in the Reed Oil Company, of Bakersfield, and one of the leading factors in the warfare against the Scrippers, offered to wager heavy odds that Judge Ross would decide in favor of the Gray Eagle and Elwood Oil Companies. This was before the cases had even been submitted, and while the arguments were still in progress.
On September 24, 1900. Judge Ross made his now famous decision in the two cases, completely demolishing every vestige of title set up by the Scrippers to the lands. Not only that, but the findings of the Court ended with the suggestion that the United States Grand Jury, then in session, should take official cognizance of the variance in the two sets of affidavits that had been presented for consideration, hinting that myself and others had committed perjury when we swore that the land had any agricultural value, and that the west half of Section 30 was not in the possession and occupancy of the Gray Eagle Oil Company at the time the forest reserve selections were made.
Frank P. Flint (since elected United States Senator from California), was then United States Attorney for the Southern District of California. Incidentally he was also one of the leading attorneys for the oil men, and decidedly opposed to the Scrippers in every way. It therefore came with exceedingly good grace for Mr. Flint to do all in his power to have us indicted, on account of the terrorizing effects of such a proceeding, and he lost no time in adopting the Court's suggestion.
Indictments were accordingly prepared against myself and the thirtythree others who had substantiated my statements, and I was advised that I had better get busy and secure bonds if I wanted to keep out of prison. It was at this critical stage that I met Milton McWhorter one day on the streets of Bakersfield. He had been the contractor for the Gray Eagle Oil Company and for C. A. Canfield, and in such capacity had drilled the first oil well, besides erecting the initial improvements on the west half of Section 30, over which all the trouble was about.
It struck me as rather peculiar, as soon as I saw McWhorter, that he had not been called as a witness by the oil men, so I determined to ask him the reason, as we were quite friendly.
"Mac," said I. "why didn't Canfield and the Gray Eagle people get you to testify for them in those Scripper cases?"
"Oh, I guess they did not want me very badly," he replied with a significant expression of countenance.
It was like a drowning man grasping at a straw, and I pressed him for an explanation. This he at first refused to give me, but finally said that if it could be of any personal benefit to me he did not mind giving me the facts, but otherwise it would only tend to create enmity, and hurt him in his business.
In the most earnest manner at my command. I informed McWhorter that they were trying to indict myself and associates for telling the truth about Section 30, and that if he was aware of any evidence that would help us out. it was his duty to supply me with the information.
"Well," he declared vehemently, after reading a copy of my affidavit, "they will never put you behind bars for w^hat you have sworn to here if I can help it. and I guess that I can, too, because everything you have said here is the truth. In fact, you have not put it strong enough. I have documentary evidence that they never hauled a load of lumber on Section 30 until after January 8, 1900. for the reason that the bill was not purchased from the Wendling Lumber Co. until that date. I drilled the first holes out there, and none of them were put down until after the lumber was purchased and the derricks were erected, which was some time subsequent to January 8."
McWhorter then conducted me up into his office and showed me his account books as kept by John Rader, his bookkeeper, and said that if necessary Page 410
