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Los Angeles, Los Angeles County, California
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Architect John Hall is discharged from perjury charges by US Commissioner Van Dyke after District Attorney Denis moves for dismissal, concluding the timber claim affidavit was valid despite scattered trees on the land.
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The Court Imposed Upon in the Matter.
The charge of perjury against Architect John Hall came up before United States Commissioner Van Dyke yesterday for examination and after the hearing of the testimony in the case it was dismissed upon the motion of United States District Attorney Denis. Mr. Hall was charged with having sworn to a false statement while filing a timber claim. District Attorney Denis said in moving for the dismissal of the case, that the decisions are full that even if John Hall did make this affidavit knowing that there were trees growing on that section, if the trees were scattered and it was not a timbered country that he could properly, as held by the Commissioners and by the Secretaries of the Interior, file on that land as a timber culture entry. At the time the information was lodged with him it was represented that there were 172 trees growing on the 80 acres in question, but he had come to the conclusion that he had been imposed upon in requesting the issuance of the complaint. Of the eleven witnesses examined, not one testified that there were more than twenty trees on 80 acres of land, and he considered it an imposition to lodge a complaint under those circumstances. He, therefore, moved that the defendant be discharged, as there was absolutely no evidence to hold that he had committed perjury. United States Commissioner Van Dyke granted Mr. Hall's discharge.
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Yesterday
Story Details
John Hall, charged with perjury for a false affidavit on a timber claim, is discharged after testimony shows only scattered trees on the land, not a timbered area, leading District Attorney Denis to move for dismissal due to lack of evidence.