Ogden admitted that the letter and affidavits had much to do with the issuance of patents.
A. S. Dresser, Register of the Oregon City Land Office, was the next witness and produced the original patents issued upon the homestead entries of Mattie S. Lowell, William McLaughlin, A. O. Austin, J. R. Foster. James Wakefield, Christie E. Langham and James A. Taylor. These documents were offered in evidence, Mr. Heney stating that, although they had not been deeded to Emma L. Watson, he expected to prove that the patents had been fraudulently obtained by the defendants to tracts of land in township 11-7.
As I had never heard of any such persons as those whose names had just been mentioned, nor had I any knowledge of their filings in township 11-7, the introduction of these documents in evidence came as a great surprise to me. McKinley, also, disclaimed any knowledge of the entries, whereupon our attorneys interposed an objection, but as usual it was overruled. Heney's contention being that he proposed to prove that the seven patents were secured through fictitious entries; that the claims, after final proofs had been made, were transferred to George A. Howe, a fictitious person, thence to Horace G. McKinley and by the latter relinquished to the Government in making selection of other lands, which McKinley had sold to an innocent purchaser. Certified copies of the deeds conveying the lands embraced in the seven fictitious entries to Howe, were next introduced in evidence, and as another link in the chain, the prosecution introduced a deed from Howe to McKinley, Dan W. Tarpley, as a notary public, having taken the acknowledgement in transferring the lands to McKinley, without the affiant being present in person, as set forth in the jurat.
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