and "Jud" Mealey, had lived for years within three miles of the tract, and had assisted in its survey, consequently were thoroughly posted relative to the general characteristics of each subdivision thereof. Within a week we had made fifty-seven locations on timber claims, and had recorded the filings at the land office in Roseburg.
Shortly thereafter the Northern Pacific cruisers returned with their reports to headquarters, and C. E. Moulton, agent for the railway corporation, was sent to Roseburg for the purpose of "scripping" the entire tract. When he discovered that the land had been filed on under the timber and stone act, and learned who was behind the scheme, he immediately called on McKinley and myself, and threatened to institute contest proceedings unless we had the timber filings withdrawn forthwith, giving it as his opinion that the claims had not been taken in good faith. We objected, of course, against any such measure, consequently the Northern Pacific filed contests against every entry, and the Register and Receiver of the Roseburg land office set the hearing simultaneous with the date of making final proof on the different claims.
Shortly after this I went to San Francisco to see Mr. Kribs, to whom I explained the entire situation, and he in turn agreed to communicate with Mr. Smith, advising him to come to the Coast immediately, in order that some satisfactory conclusion might be reached regarding the status of affairs. Some weeks later I received a wire from Kribs, announcing Smith's arrival in the Bay City, and requesting me to meet them at Albany, Oregon, at a stated time.
On the date named, McKinley and I went to Albany, where we met both Smith and Kribs, and it was thereupon decided that our first move should be to make an examination of the timber, and if it came up to Mr. Smith's expectations, an agreement was to be perfected between us, with a view of acquiring the titles.
On the morning following we took the train for Lebanon, Oregon, where a team was engaged, driving to the Mealey ranch and remaining there over night. The next day, and for several days thereafter, we cruised the timber under the pilotage of the two Mealey brothers, counting and measuring the trees indiscriminately on different portions of the tract, which was to be a test of the whole. Some of the land ran as high as 300.000 feet to the acre, while scarcely any estimated less than 20.000 feet. It all averaged 80,000 feet to the acre, or 30,000 feet above requirements.
Mr. Smith was highly pleased with the results of his inspection, and upon our return to Albany entered into a contract, whereby he agreed to advance the money for making final proof and all other expenses, together with the $100 bonus to be paid each entryman for his right, and as soon as deeds were obtained, he was to pay us the sum of $5.50 an acre for the 9,120 acres embraced in the fifty-seven claims, less the amount advanced for the perfection of titles.
He suggested that as soon as final proofs were made, the entrymen should mortgage their claims to Frederick A. Kribs for $600 each, simultaneous with the execution of a transfer to John A. Wild, of Minneapolis, this deed to be withheld from record for ten days after the final proof had been made. This precautionary measure was adopted to make it appear that the claims had not been located under any prior contract for sale, in case any question should arise affecting the validity of the titles.
About a fortnight prior to the time for making final proofs on the entries, McKinley was arrested at Albany. I was en route from San Francisco to Portland when this occurred, and had wired him to meet me in Salem. McKinley sent a messenger boy to the Albany depot for the purpose of intercepting me and apprising me of the situation, and as soon as I learned the state of affairs, I left the train and went up town to the hotel, where I found Horace in custody of an officer, he having been charged with subornation of perjury and conspiracy to defraud the Government out of its public lands. The warrant had been sworn to by S. S. Mathers, Special Agent of the General Land Office, whose headquarters were at the Roseburg Land Office. I immediately qualified
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