Chapter XIX
AS for the thousands of acres of valuable timber lands in Linn, Douglas and Coos counties, Oregon, which C. A. Smith acquired fraudulently through Fred A. Kribs, his Pacific Coast representative, it is not at all unlikely that the Government will soon take steps to cancel the patents thereto, as Mr. Heney, while engaged in gathering the evidence upon which Senator Mitchell was convicted, also unearthed all the details relating to the illegal process by which these tracts were secured. In the event of the cancellation of the patents to these lands, title would revert to the Government, and they could be relocated under the timber and stone Act of June 3, 1878.
But of this immense wealth of timber that still hangs in the balance, I have said enough. There are other vast tracts which Smith has acquired just as illegitimately—located also in Linn, Douglas and Coos counties. Oregon—which includes thousands of acres of the finest timber lands in the Northwest. Some of this was taken up under the Timber and Stone Act, with the aid of "dummy" entrymen, just as those portions alluded to were obtained, while the balance was embraced in forest reserve lieu selections under the "Scripper" law of June 4, 1897.
It was Fred Kribs' "stand-in" with Register J. T. Bridges and Receiver J. H. Booth, of the Roseburg Land Office, that enabled him to get the inside track on all the good things that were known to be floating around promiscuously in that District, but it has been shown that this relationship proved the undoing of the Land Office officials, and drove poor Kribs into such a tight box that he was forced to peach on his friends in order to save his own bacon.
It is a well-known fact that night after night, when the Land Office was supposed to be closed to the general public, Kribs and the Register and Receiver, behind closed doors, were secretly engaged in preparing the scrip selections to be filed the following morning upon all the lands, or the greater portion of them, embraced in some township that had just been surveyed and become subject to entry. Kribs certainly had the long pull in that office, and having prepared his selections in advance, was in a position to shut out all competitors.
His plan contemplated the temporary blanket covering of the entire newly-surveyed township with forest reserve scrip until such a time as his cruisers had a chance to inspect each forty embraced therein, after which Kribs would withdraw his selections from the culled portions, kindly affording the common herd an opportunity to get hold of something he didn't want. In this respect his action reminds one of a person throwing a bone to a hungry canine.
Other courtesies extended Kribs by the local land office officials—who have since been deposed on account of these transactions— consisted in furnishing him with advance information concerning the cancellation of certain entries by the Department. This would give him a long lead in the race to relocate the tract, and it is plain to be seen how the "other fellow" would fare in his efforts to get hold of some of the rich pickings that were supposed to abound in that vicinity.
Under the circumstances it is difficult to comprehend how such a vulnerable individual as C. A. Smith, for whom Kribs was at all times operating, should give expression to the sentiments attributed to him in the course of an interview with a Minneapolis newspaper man when it was first announced that I had been captured in Boston by Secret Service Agent Burns and had afterwards made my escape, as described fully heretofore.
I will be charitable enough to presume that he was not devoid of common sense, but. like Mays, when he refused to go on my bond, thought I was down and out, taking it for granted that because I was a fugitive from justice at the time, he could say what he pleased about me without fear of his lying- statements being contradicted.
In the Minneapolis Journal of March 27, 1906, published on the afternoon of the day following my escape from Burns. Smith is quoted in this fashion:
PUTER "GOT TO" A LOCAL LUMBERMAN.
Man Who Made Sensational Gun-Play in Boston Remembered by C. A. Smith.
REMARKABLE CUNNING DECEIVED A LAWYER.
Thousands Lost in Timber Land Deals With Shrewd Puter, Admits Mr. Smith.
C. A. Smith, a Minneapolis lumberman, who has just returned from the Pacific Coast, figures he has lost between $150,000 and $200,000 as a result of his acquaintance and business deals with Stephen A. Douglas Puter, the fugitive from justice who escaped from a United States secret service officer at Boston yesterday by making a "gun-play" in the public street in front of the postoffice.
Mr. Smith considers himself a pretty good judge of human nature, but admits that he was completely taken in by Puter, whom he met in the city some six years ago. At that time, Puter called on Mr. Smith to offer for sale some Pacific Coast timber land.
"I will give Puter credit," said Mr. Smith today, "for being one of the smoothest individuals I ever met. He puts up a splendid front, has an unlimited amount of nerve, and is a shrewd business man—but apparently absolutely unscrupulous.
"'I look on most of these Pacific Coast men who want to sell timber tracts as crooks,I said to my lawyer after drawing up a contract with Puter, 'but that man who has just left us I believe to be absolutely on the square.' 'I heartily agree with you,' replied my attorney. And so we were both taken in."
WORKED IT COMING AND GOING.
"The largest deal I had with Puter was for the purchase of some 30,000 acres of timber land on which he held options, located on the Pacific Coast. I was to pay him a flat figure an acre. It eventually turned out that he gave me clear title to the poorest lands, but those on which the best timber stood I never did get title to. In other transactions where he acted as my agent in direct purchase of land, I afterwards found he cheated me out of $30,000 or $40,000 in actual cash by reporting the prices he paid in excess of the actual figures.
"A year ago this month was the last time I ever saw Puter. He met me here in the Hotel Nicollet. 'I am in a position where I must have $2,000,' he said, 'and I want you to give it to me on account of deals which are still pending between us.' I was at that time looking up his crookedness, and although I suspected him, I had no proof. 'I can't let you have a single cent,' I replied. 'Why,' said Puter, 'I have just returned from Washington where I have done things to clear title to lands that would put me behind prison bars. You must give me $2,000!'"
PUTER HERE RECENTLY.
"'I bought lands from you in good faith,' I replied, 'and without any trickery or dishonesty on my part. If you have been dishonest and have done wrong it is all your own doing, and none of mine.' He finally left me without getting any money, and I haven't seen him since. One of my men, however, told me he saw Puter in Minneapolis on the street about two months ago. I imagine the fellow has about got to the end of his rope. He has a family in Oakland, California.
"The fact that Puter is not only smooth, but a man of great nerve, is demonstrated by the way he escaped from the Government officer in the public streets of Boston; and I understand United States Marshal W. J. Burns, of Washington, D. C, is one of the cleverest men in the employ of the Federal Government."
If a person were to judge from the above, he would quite naturally conclude that C. A. Smith was somewhat of an angel without wings, and altogether too honest and sublime to engage in any shady transaction, or even become associated with one whose tendencies might be inclined that way.
In my opinion, this man C. A. Smith, although possessed of millions, is. without question, the most selfish, covetous and avaricious landgrabber with whom I ever had dealings—ever ready and willing to do business with me when I had lands to offer that he knew had been obtained fraudulently, because, as he figured, he could get them cheaply, and in the hope of securing such lands at a figure less than one-half their market value.
On the other hand, whenever I had large tracts of land to offer that were acquired legitimately and of great value, he would invariably nose around in an effort to learn what there was in it for me. and whatever the value of the land, or how small my commission, he would spend more time than the difference in our estimates trying to get me to come to his terms.
Two deals in point were for lands in Humboldt county. California. The first, or that owned by Hooper Brothers, and known as the California Redwood Company, included in its holdings 12,000 acres of the very cream of that great lumber belt, with a shingle mill in operation, seven miles of railroad, locomotive and logging cars, together with full equipment, all of which I offered to Smith for $900,000. and on which amount he knew I was to receive a commission of five per cent. This "wiseacre" from Minnesota, who had worn the custom threadbare of making his own price, bucked right square in the harness when he found out how much it was going to cost him, even having the audacity to declare that he would purchase those lands before he got through for one-half the price named by me, and as for any commission—well, a few hundred, in Smith's hoggish way of thinking, was plenty good enough for me.
Mr. Smith, together with A. R. Rogers, vice-president of the C. A. Smith Lumber Company, Fred A. Kribs and Bert Davis, head cruiser of the corporation, had accompanied me to Humboldt county, where we made a personal investigation of the timber, railroad and other equipments included in the deal, after which we returned to San Francisco, where Mr. Smith called upon Hooper Brothers at their office, with a view of purchasing the tract. Smith talked the matter over for some time with the company, finding all the fault he could in the way of pointing out the difficulties of maintaining, manufacturing and disposing of the lumber, and finally made the Hoopers the liberal offer of $450,000 for the property, or exactly one-half the amount asked for the plant in the first place! One of the Hoopers later reprimanded me severely for bringing a person of Smith's calibre to their office and consuming his time with such a man, whom he termed a four-flusher, with no intent of making any purchase. Needless to state that Smith did not secure the lands, or any portion thereof. This valuable tract was sold later, and within two years, to the Santa Fe Railway Company for $1,500,000, or an advance of $600,000 over the price I offered them to Smith, and today these same lands could not be purchased, at a conservative estimate, for less than $3,500,000, from which it will be seen that, had he accepted my offer—made something like six years ago would now be richer to the extent of fully $2,000,000.
The other deal, involving the Vance properties, consisting of several thousand acres of redwood timber, a sawmill, shingle and shake mill, eighteen miles of broad-gauge railroad, with several miles of laterals, locomotives, logging cars and full equipment; a steamer and several lumber schooners, also including the Vance hotel in Eureka, and 1200 feet of waterfront, I offered to C. A. Smith as a whole for the lump sum of $1,000,000. At the time of making this offer to him, Mr. Vance had a prospective purchaser on the ground in the person of A. B. Hammond, who was very anxious to secure the properties. But as I had been given a thirty-day option, at which time he had expressed confidence in my ability to close the deal for him. and as I had gone to the expense of making a trip to Minneapolis, bringing Smith back with me. and he was then in San Francisco. but expected to reach Eureka in a few days. Mr. Hammond was unable to get a hearing.
When I learned of Hammond's presence, I lost no time in calling Smith up by 'phone, advising him that my option would expire within two days, but that Mr. Vance had expressed a willingness to grant a few days' grace, providing Smith would come to Eureka on the first steamer. I likewise notified him of Hammond's presence, and pointed out the eagerness displayed by the latter in seeking to get hold of the property. In fact, we discussed the matter for something more than an hour on the long-distance telephone, and after explaining all the details, I felt convinced that Smith would at least comply with my expressed wish and come to Eureka on the first boat. He wound up our conversation, however, by telling me that it would be impossible for him to do so just then, but that he would come up within a week or so.
When I hung up the receiver, I was thoroughly disgusted with Smith, I knew, as a matter of fact, that he wanted those lands, and I had full faith that a sale would be consummated if he could be induced to make the trip without delay, as he had been there that summer, and had also inspected these lands the summer before, at which time he made purchases of adjoining tracts, and their value was well-known to him.
But Smith was proceeding on the theory that both Edward Vance and myself would eventually come to his terms, and in order to force this condition, he determined to hold off for the time being, and keep Vance on a string. Besides, my proposition to him involved the investment of $1,000,000—a whole lot of money, and his egotism led him to assume that he was the only man in the country who could swing such an amount.
He had reckoned without his host, however, when he ran up against Hammond, as the latter had almost unlimited financial backing, and was quick on the trigger when he caught sight of a good thing.
Disgusted beyond measure at Smith's arbitrary policy in handling the deal, I went to Vance the next morning and explained the whole situation to him, with the result that all negotiations with Smith were terminated at once, and Hammond became the purchaser at the price indicated, depositing $100,000 to bind the bargain before leaving Eureka.
This transaction took place in 1902, and the same property today is easily worth $10,000,000. It might be well to state, however, in justice to this estimate, that about $400,000 has since been expended in betterments, but as $10,000,000 is a conservative estimate of the present value, the margin of profit is not seriously affected. No sooner had I apprised Smith over the 'phone that Vance had closed with Hammond, than he started at once for Eureka, and as soon as he got there, he pitched into me as a balm for his chagrin in getting left. Nothing could illustrate the nature of the man more aptly than this episode. I was made the bumper for all his woes, and his moral calibre was of too insignificant bore to take any of the blame. I was a big loser by the operation, as well as himself, because I was not only minus my commission, but was also out considerable money expended in going to Minneapolis in the effort to induce Smith to come to the Coast, not a cent of which I ever got back.
About the time that Smith secured the thirty-three claims in township 14 south, ranges 3 and 4 east, described in a former chapter, I prevailed upon him to visit Humboldt county, California, with a view of interesting him in a tract of redwood there. This was his first trip to that region, and when he saw the magnificent timber, he became so highly elated that he insisted upon my getting hold of some of it for him. I already held an option on 7,000 acres, and told Smith that I could probably secure between 25,000 and 30,000 acres more, which would cost him less than $10 an acre. He purchased the 7,000-acre tract forthwith, and instructed me to obtain options on the balance as soon as possible.
It was agreed further that his own cruisers should estimate the standing timber thereon, and that all claims found unsatisfactory should revert to me. Those coming up to the standard he was to accept, at $9.50 an acre, the extra $1.50 an acre to be paid upon completion of the contract. The latter was executed in duplicate by Smith and myself, each retaining a copy. He thereupon went with me to Humboldt county, where he deposited $100,000 in the Bank of Eureka, to be expended in fulfilling the provisions of the contract. He also left instructions with the bank to draw upon him for any amount sufficient to meet all deficiencies.
During the summer of 1901, while the transfers were being made to Smith. he visited Eureka again, and while there entered into an oral agreement with me. by which it was stipulated that I should secure all the available lands in the vicinity of those contracted for, upon which I was to receive a commission of fifty cents an acre. In other words, I was to purchase the lands at the lowest possible figure, and he was to allow me this fifty cents an acre as a bonus. Settlement, however, was not to be made with me until after he had acquired a perfect title to the entire 17,000 acres.
I purchased 10.000 acres under this oral arrangement, and 13,500 acres under the first or written contract. My failure to secure the full quota of 17,000 acres for him, in accordance with the provisions of the written contract, was on account of several of those upon whom I relied selling out at a much higher figure to somebody else. As I was personally acquainted with those who had given options, and had the utmost confidence in their integrity, I had not insisted upon reducing the options to writing, and when they sold to others, I was without recourse, and consequently unable to deliver the lands.
It will be observed that under the terms of the written contract. I had stipulated to deliver approximately 17,000 acres to him. It will likewise be noted that I fell 3,500 acres short of this quantity. This shortage was not caused wholly b" the failure of some of the owners to live up to their verbal agreements with me, but in part was on account of some of the tracts having defective title, and I knew it would be useless to undertake to cure them.
Realizing the utter impossibility of securing a sufficient amount of land to make up the 17,000 acres, and knowing that Smith had cruised the entire tract I had given him, I called upon him in Minneapolis for the purpose of effecting a settlement.
This he was apparently willing to do, but insisted that it should be "according to written contract." It dawned upon me then that he was playing a holdup game with me. and that unless I was able to produce the required 3,500 acres, I would probably experience more or less difficulty in getting anything. After remaining in Minneapolis about three days, and perceiving the futility of staying any longer, I returned to Eureka and sought my brother's legal advice in the matter. Upon examining the written contract, I was assured that Smith had all the best of it, and for me to make the best settlement with him I could.
I thereupon proceeded to Portland, Oregon, where I called upon Fred A. Kribs, who informed me that he was in receipt of a wire from Senator Mitchell. in Washington, D. C. to the effect that patents were about to issue on the thirty-three fraudulent claims in township 14 south, ranges 3 and 4 east. This gave me an idea, and I lost no time in letting Kribs know that it was my intention to go to Washington immediately and file a protest against the issuance of patents on the claims, and have them held in abeyance Until such time as Smith was willing to do right by me in connection with the Humboldt county lands. I declared that 
unless fair treatment was accorded me in the matter, that I would have the entire thirty-three entries cancelled. Kribs advised me not to proceed to Washington without seeing Smith first, stating that he would write him immediately to settle with me. As F. Pierce Mays was on the same train with me bound for Washington City, I accompanied him as far as Minneapolis. While enroute, I explained the Smith deal to Mays, stating that it was my intention to stop off at Minneapolis and endeavor to settle with Smith, and suggested to Mays that it would be a good idea for him to see Commissioner Hermann as soon as he arrived in Washington, and prevail upon the latter to suspend the issuance of patents to these lands until such time as I made a settlement with Smith. Mays promised to see the Commissioner immediately upon arrival in Washington, and have Mr. Hermann hold up the patents until Mays could hear from me.
Evidently, Kribs must have wired Smith to keep out of my way in Minneapolis until he would receive a letter, acquainting him with the facts. Smith managed to evade me until the evening following my arrival in Minneapolis, and might have kept out of my sight still longer had I not called upon him at his residence, where I made an appointment to meet him the next morning at his office. Here I found him willing to settle with me but upon a basis that would have left me without a penny for my work. We held quite a heated discussion on the subject. Smith insisting on maintaining a position that made me feel as if I were under deep obligations to him for retaining any portion of my scalp at all. He would not, for a moment, take into consideration the admitted fact that he had made a most excellent investment through me in connection with the Humboldt county lands, but like Shylock, insisted upon his pound of flesh.
It was not what he had already made through me that was worrying him; it was what he expected to gain, and this reflection was liable at any moment to produce serious results in the vicinity of his cardiac region. He argued, therefore, that I should be only too glad to relinquish all claim to my commission on the "written contract" lands, amounting to $12,500, together with that on those embraced in the "oral contract," aggregating $5,000 more, or a total of $17,500. All this money, according to the Smithsonian idea of equity, 1 should be overjoyed to part with on condition that he reimburse me for the amount I had already expended in securing the options under the "written contract," amounting to $10,467.45.
Smith's conditions, under which I might again enjoy possession of my own, were not to my liking, but having in mind the advice given me by my brother, when he pointed out that Smith had a legal right to insist upon my securing an additional 3,500 acres for him, whatever the cost might be, and because of the fact that I had an opportunity for immediate investment of the money where the returns were almost certain to more than compensate me for all losses by this transaction. I decided that it would be the part of good judgment to accede to his terms, although I did not then let Smith know my intentions.
My object in discussing the matter with him at that time was to point out the extent of his gain in his dealings with me. In this I succeeded, but not so fully as desired. I likewise called his attention to the absurdity of the idea that I could conform strictly to my obligations in regard to furnishing him with the lacking 3.500 acres, as the larger portion of the lands I expected to secure for him, embraced in the claims constituting the shortage, had been sold to some millionaire lumbermen of Marrenette, Wisconsin, at prices ranging from $15 to $17 an acre, while I had planned to get them for Smith at $9.50 an acre. These same lumbermen refused $50 per acre immediately after purchase. All this he well knew, but it was my object in presenting the facts to him anew in order to show the impossibility of fulfilling my agreement with him.
Notwithstanding my arguments, he insisted that our settlement should be upon the basis of his own ideas, so I informed him that my books indicated that he owed me $10,467.45 for securing the options for him. These figures were disputed by Smith, but he was walling that I should go over the account with Charles Trabert, his private secretary.
Two days were consumed in adjusting the account, and when the task was completed, it was found that Smith owed me $54 more than I had asked him to pay. It is noteworthy that when the situation dawned upon him, he hastened to accept my original statement of account.
Before reaching a final settlement, I suggested that inasmuch as we had waived my claim to any fifty cents an acre commission, it was no more than right that he should also reimburse me for all my personal expenses involved in the deal, amounting to more than $2,000, and including several trips East; something over a dozen different trips to Humboldt county, California, and livery hire, covering a period of more than a year, all of which had been devoted to Smith's interests.
As usual, he declined to consider the proposition, but at this juncture I had the good fortune to meet his friend, J. A. Bohn, of Minneapolis, to whom I related all the circumstances connected with the matter. Bohn had been a witness to the amended "written contract," and was familiar with all the details. He lost no time in telephoning to Smith, requesting him to call at his office, and upon his arrival pleaded my cause with such earnest effect that Smith finally—although with great reluctance—yielded up his check for $1,000. This amount represents all the money I ever received from C. A. Smith in the shape of compensation of any sort for getting him 30,000 acres of valuable redwood timber lands in Humboldt county, at a net cost to him of $9 an acre, after he had bamboozled me out of my fifty cents an acre commission; and just how he figures out that he has lost "between $150,000 and $200,000" in his operations with me is more than I can comprehend, and I should feel greatly elated if he would undertake to explain his system of calculation under oath, in order to show the public where he would land 
After giving me his check for the $1,000, I accompanied him to the office of the C. A. Smith Lumber Company, in Minneapolis, where I supposed he would further gladden my heart by forking over the $10,467.45, as agreed upon. Instead, he tendered me what might be considered a due bill, a photographic copy of which has been produced heretofore.
It will be seen from the foregoing that Smith agreed to ])ay me the amount named, as per a certain contract, which was a modification of the original "written contract." and in which there was a clause to the effect that I was to receive only the actual cost (amount paid to secure options) of said lands to me. the same to be paid when title thereto and "other lands in Oregon" was perfected.
I hesitated at first to accept this due bill, but having been advised by telegraph from my brother that title to all the California lands had been perfected, and according to a wire that had just come to him from Washington, twenty-two of the thirty-three patents to the Linn county, Oregon, tracts had been issued, and the balance were being written up, I concluded that it would be only a matter of a few days when I could collect on the paper, so decided to accept it. I thereupon advised Mays by wire at Washington, D. C, to the effect that settlement having been made with Smith, it would be unnecessary for him to take further action in the direction of holding up the patents.
After finishing with Smith, 1 informed him that I had business in Michigan, and would return in about two weeks, at which time I expected the patents would have issued, and I could stop off on my way West and exchange his paper for the cash. On the date designated, I returned to Minneapolis and called upon Smith, who informed me that notice had been received to the effect that title had been perfected to all Humboldt county lands, but that one patent was hanging fire on a Linn county, Oregon timber entry. This represented the Josephine Jacobs claim, which will be remembered as the Waterloo of Allie Houser.
I was considerably surprised when Smith told me about the holding up of the patent to the Josephine Jacobs claim, but as patents to all the others had been issued, and this was the only one concerning which there could be any question between us, I offered to accept settlement upon the basis of a deduction of $800. which represented the amount Smith had paid me for it. until such time as the patent was granted, when he could reimburse me accordingly.
At the time of learning about the Josephine Jacobs claim being held up, I had no knowledge of the cause, and naturally concluded that it was due to some clerical error, and in making my proposition to Smith, that he retain the $800, which I had already paid for the claim, I could not but believe that the offer was fair, and would be just and equitable to all parties concerned. I also offered to pay Smith interest on the sum in question from the date of investment, if he saw fit to demand it, but he refused to entertain any proposition other than that I should await the granting of this particular patent before I could have a cent of the money which already belonged to me, and which I had expended for his personal benefit.
Seeing that I could do nothing with him, I returned to Oregon, and lost no time in calling upon Fred A. Kribs, his agent there, who informed me that the Josephine Jacobs claim had been suspended on account of the young woman being under age at the time she filed on the land. I thereupon told Kribs that I would have somebody else locate it in Smith's interest, afterward transferring the title to him, but Kribs insisted that he would have John Givens, of Roseburg, attend to it for me. so it was agreed between us that I would stand for any additional expense that might arise, to the extent of $150 which Kribs said it would all amount to. 
Givens was then notified of conditions, and made arrangements with Allie Houser to file upon the claim, which was deeded over to Smith immediately after the final proof had been made.
About three months later I decided to call upon Smith once more, this time explaining to him all the particulars connected with the Allie Houser substitution, but he was as obstinate as ever, and declared that he would not deal with me upon any basis whatever until the last patent was in his hands.
I then offered to accept $8,000 in cash, allowing him to retain the $2,467.45 until the issuance of the Allie Houser patent, when he could deduct also the $150 extra that was paid out by Kribs, but he likewise scorned this proposition, according me the same cold-blooded turn-down I had received in all my efforts to effect a legitimate settlement with him.
It is evident from Smith's demeanor that he was then preparing to swindle me out of my just dues, or planning in some way to keep me out of my money indefinitely. The Allie Houser claim had just been filed, and in the natural order of things, no patent could issue for months to come, and if necessary to carry out his scheme of deferring payment, he could take advantage of the situation to prevent the issuance of patent indefinitely, as under the terms of our agreement, he was not obliged to pay any part of the amount coming to me until after final title had issued to all the lands involved.
I thereupon returned to Eureka, Cal., and instructed my brother to immediately bring an action against Smith for the recovery of my money. A few months later, learning that he was in San Francisco, I notified my brother, and through Attorney Frank J. McGowan, of San Francisco, we succeeded 
How I finally scared the rascal into submission is fully described in a preceding chapter, and I leave my readers to judge for themselves whether or not I was justified in adopting such stringent measures, and also the extent of Smith's alleged "losses" in his dealings with me, as referred to in the course of his false statement to the Minneapolis Journal.
As a matter of fact. The Sequoia's last stand Smith has been involved with the Government upon numerous occasions, running through a long course of years, on account of his covetous proclivities, and he seems to be imbued with shoplifting instincts wherever the public lands or timber are concerned. He has been fined repeatedly for his offenses throughout the States of Minnesota, Wisconsin and Michigan, and has upon more than one occasion undertaken to make scapegoats out of some unfortunate employes instead of shouldering the blame himself, as any honorable man should.
While the Government found it inexpedient to indict Smith on account of his connection with the Oregon land frauds, by reason of the statute of limitations running against the crimes, he failed to escape that easily in Minnesota, although it does not appear that his illegal operations in the Middle West were any comparison to what he was guilty of in Oregon. There is presented on page 313 the record of an indictment that was returned against Smith by the Federal Grand Jury at St. Paul, Minn., in 1901.
Some sort of settlement was arranged with the Government by Smith, in connection with this indictment, whereby he paid all costs and hushed the matter up with as little publicity as possible.
Shortly after I first became acquainted with him, on his invitation, 1 accompanied Smith to St. Paul, where there was a case pending in the Federal Court against him for cutting green timber on an Indian reservation, where his permit called for the cutting of "down" or "dead" timber only. He was represented by leading counsels of Minneapolis and St. Paul in this case, which had been pending against him for several years. A verdict for a large amount—somewhere in the neighborhood of $50,000 or $60,000—was returned against Smith, which he promptly paid, remarking at the same time to friends that he was No. 2855.
DISTRICT COURT OF THE UNITED STATES.
The United States,
vs.Indictment, Sec. 2461, R. S.
Charles A. Smith.A TRUE BILL.
(Signed)ELMER E. ADAMS,Foreman.Filed May 16th, 1901.
ROBERT G. EVANS,
U. S. Attorney.United States of America,
5th Div. District of Minnesota.
In the District Court of the United States, in and for the Division and District aforesaid, at the May Term thereof, A. D. 1901.
The Grand Jurors of the United States, impaneled, sworn, and charged at the Term aforesaid, of the Court aforesaid, on their oath present, that heretofore, to-wit: on the 31st day of January, A. D. 1899, in the County of Cass, in the State and District of Minnesota, and within the jurisdiction of this court, one Charles A. Smith, late of said district, then and there being, did wrongfully and unlawfully cut from and cause and procure to be cut from and remove, and cause and procure to be removed from certain lands then and there owned by and the property of the United States of America, which said lands are discribed as follows, to-wit:
Lot 5, Section 8, Township 137, North, Range 30 West, the Southwest Quarter of the Northwest Quarter, and the Northwest Quarter of the Southwest Quarter, and the Southwest Quarter of the Southwest Quarter, and the Southeast Quarter of Section 8, Township 137 North, Range 30 West, said lands being then and there situate in said County of Cass, in the State and District of Minnesota, a large number of white pine and Norway trees, to-wit: 10 white pine trees from said Lot 5, Section 8, Township 137 N. Range 30 West, 89 Norway pine trees from the Southwest Quarter of the Northwest Quarter of Section 8, Township 137 North, Range 30 West, 84 Norway pine trees from the Northwest Quarter of the Southwest Quarter of Section 8, Township 137 North, Range 30 West, 87 Norway pine trees from the Southwest Quarter of the Southwest Quarter of Section 8, Township 137 North, Range 30 West, and 500 Norway pine trees from the Southeast quarter of said Section 8, in Township 137 North, Range 30 West, which said trees were of the aggregate value of Five Hundred and Seventy-Seven Dollars and Fifty Cents ($577.50), all of which said trees were then and there growing upon the land hereinbefore described, with the intent then and there had and entertained by him, the said Charles A. Smith, to use and employ said trees in a manner other than for the use of the navy of the United States of America, to-wit: with the intent to use and employ said trees for his, the said Charles A. Smith's private use and benefit, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States.(Signed).
MILTON D. PURDY, Assistant United States Attorney.Names of witnesses examined before the Grand Jury:
A. D. Thorpe, M. D. Taylor, M. H. Craig, J. P. Leef, D. J. Jones.United States of America,
District of Minnesota, ss.
Third Division.I, CHARLES L. SPENCER, Clerk of the United States District Court, for the District of Minnesota, do hereby certify that I have carefully compared the copy, attached to this certificate, with its original, which is in my custody as such Clerk, and that the said copy is a full, true and correct transcript from such original and of the whole thereof, and of the endorsements thereon.
IN TESTIMONY WHEREOF, I have hereunto set my official signature as the Clerk aforesaid and affixed the seal of said Court at St. Paul in the Third Division of said District this 30th day of December, A. D. 1904.
(Seal)(Signed)CHARLES L. SPENCER, Clerk.
U. S. District Court
Seal,
Third Division,
Dist. of Minnesota.
getting off easily, as he had had the use of the money involved in the stolen tmber for a sufficient length of time to more than reimburse him for the outlay.
There is also a record of a proceeding in the United States Circuit Court for the District of Minnesota, 4th Division, wherein a Minneapolis Court imposed a fine of $3,244.12 against the C. A. Smith Lumber Company a few years ago on account of a flagrant timber trespass, and this fine was likewise paid without much ceremony.
If I felt so inclined I could dig up innumerable instances where the avariciousness of this would-be saint has played an important part in the drama of depredation, but 1 think enough has already been presented to more than satisfy any unbiased mind that Smith was simply playing to the galleries when he undertook to set himself upon a pedestal of righteousness in the course of his interview with the Minneapolis Journal.
Instead of being a loser to the extent of $150,000 or $200,000, through his dealings with me, Smith has profited to the extent of several millions, and had he not been so greedy, and overcome with the idea of preventing me from making a small commission, he would have been millions of dollars better off still.
