trial. In the course of the proceedings, Mr. Heney also recommended the dismissal of the case against Edwin Mays, upon the ground that the evidence produced did not warrant conviction, so that in the end the former United States Attorney for Oregon was left alone "like some banquet hall deserted."
A number of peculiar situations were developed at the trial, and as they all relate more or less to the general system of plundering the public domain, it is just as well to give a brief outline of the circumstances leading up to the indictment.
The town of Fossil, in Wheeler County, Oregon, was the base of operations for the Butte Creek Land, Livestock & Lumber Company, a wealthy concern that controlled a great many commercial and political interests in that section of the country. It had large holdings in the neighborhood, including a general merchandise store at Fossil, was owner of the local sawmill, and besides owned extensive properties in the shape of land thereabouts. In fact, it had full sway in almost every sense, and as usual in such instances, carried things with a high hand.
Adjacent to the conflux of Butte Creek with the John Day river, was a large body of Government land, aggregating nearly 20,000 acres, and valuable chiefly for grazing purposes. It was so situated that by comparatively slight effort, the entire tract could be converted into an immense pasture, at little expense, as a line of "rimrock" (high rocky bluffs) formed an impenetrable barrier for quite a distance, so that all that was necessary to complete the inclosure and thus create a great "corral," was to construct a line of fences connecting the various "rimrock" formations. This had been done by the Butte Creek Land, Livestock & Lumber Company in such manner that individual settlers thereabouts were prevented from enjoying the privileges of the range, and naturally there was much discontent in the community, especially when it is considered that the corporation had men in its employ whose duty was to prevent, by armed force, if necessary, any trespass upon its illegal holdings, or interference with its plan to divert the broad acres to its own use and benefit.
Matters finally reached such an acute stage that early in 1900 Edward A. Putnam, one of those who had settled in the country under the mistaken idea that he would be protected in his rights, began a systematic effort to have the illegal inclosure removed. Putnam naturally concluded that inasmuch as he was an actual settler in the neighborhood, and was endeavoring, in a small way, to get along in life, besides being an American citizen as well, that he had just as much right to the use of the unappropriated lands as anybody else, and only found out his mistake when he attempted to carry out some of his foolish ideas by driving a band of stock onto the disputed territory. Then it was that he was made to feel the iron heel of despotism, and to realize that a poor man has about as much show where a big corporation is involved, as a snowball would for perennial existence in the lower regions.
He was not only threatened by hired thugs of the company, but upon more than one occasion was actually assaulted for his audacity in daring to infringe upon the assumed prerogative of aggregated wealth. This sort of thing became wearisome in time, and as a last resort he told his troubles to Binger Hermann, then Commissioner of the General Land Office. In this respect his efforts resembled an attempt to convict someone for illicit distilling before a jury of moonshiners, as Hermann was about as closely allied to anything inimical to the people's interests as a person could possibly be without too much publicity. After much persuasion, however, he sent Special Agent C. E. Loomis (he of 11-7 notoriety) to investigate the alleged illegal inclosure—with the usual result. Loomis made his headquarters at the residence of H. H. Hendricks, secretary and general manager of the Butte Creek Land, Livestock & Lumber Company, while he was on this mission, and of course was lavishly entertained by his host during his stay in Fossil, so that when the special agent sent in his report to Washington it told of nothing but a philanthropic purpose on the part of the cattle barons.Page 358
