to break down the entrymen. While Burns had succeeded in obtaining a large number of affidavits, Heney was convinced that the evidence thus adduced was not of sufficient value to warrant its introduction before the Grand Jury, if there was any hope of securing indictments.
While these affidavits were being taken, I was in an adjoining room, and after a number of them had been collected, I perceived, in reading them over, that not a single person had told the truth. These entrymen, with many of whom I was personally acquainted, had no knowledge of my interest in the matter, little thinking that I was in the background and keeping in touch with all they had said, and everything that was being done. Had they realized the real situation, knowing as they did that I was familiar with every phase of the fraudulent character of their claims, including their contract to convey the lands to Fred Kribs tor the benefit of C. A. Smith, perhaps they would have hesitated somewhat before committing- such rank perjury.
While these examinations were taking place, and something like 35 or 40 of the entrymen had given their testimony and had signed the false affidavits, I happened into room 212, at the Portland Hotel, where Heney had his office, and was handed a certain statement by Mr. Rittenhouse which he had just completed writing, but which had not yet been signed. It had been made by Allie Houser, a young man from Roseburg.
Upon reading this statement, I informed Burns, who was present, that I desired to question Houser somewhat after he had attached his signature to the document and had been sworn thereto. Burns, in assenting to the proposition, remarked that Houser would probably be in to sign it about 5 o'clock that evening.
Promptly upon the hour young Houser appeared, and was handed his statement by Burns, with the usual injunction to peruse it carefully before signing, so as to make sure that it was strictly true and correct. I had not been introduced to him, so he had no idea as to my identity, and, as I occupied my time by pretending to read a newspaper, scarcely any attention was paid to me. After reading the document, the young man pronounced it all right, declaring that he found no changes to make, and was about to affix his signature when Burns addressed him in this fashion:
"Mr. Houser, you are a very young man, and before signing that statement, I feel that it becomes my duty to caution you still further. You must bear in mind that you are making a sworn statement, and one which, if found to be false in any particular, renders you liable to prosecution. I must insist, therefore, that you exercise extreme care, and make no statement therein that is not absolutely correct. Furthermore. I wish to state that you will be required to appear before the United States Grand Jury and give testimony to that body under oath as to the truth of every answer you have made to the questions in that document before you."
The young man put on a bold front, and expressed a willingness to sign the paper exactly as written, remarking that every word contained therein was true. He thereupon attached his signature, and he had no sooner done so than Burns turned to me, and without mentioning my name, said:
"Have you anything to say to this young man?"
"Anything to say?" I repeated; "well, I should say that I have!"
Then addressing Mr. Burns, I inquired for Mr. Heney, and upon being informed that he was in the next room, requested his presence. When Mr. Heney came in, I picked up the affidavit that Houser had just signed, and remarked:
"Mr. Heney, I have sat here and witnessed this young man sign his statement, which, as it stands now, is his sworn affidavit. I was present when Mr. Burns, before permitting him to affix his signature, cautioned him concerning the consequences if it was found that he had committed perjury, and I listened to his declaration to the effect that he had read the statement carefully, found no omissions or mistakes, and that it was absolutely true."
