theretofore restored to the public domain by the action of the Supreme Court of the United States in certain suits in equity, pending in said courts, in which said suits the United States of America was plaintiff and the Linn & Lane Timber Company and others were defendants; that the said selected lands and the said patented lands hereinbefore referred to in this indictment, were then and there subject to filing and open to entry and sale under and by virtue of the Act of Congress approved June 3, 1878, and commonly known and called the Timber and Stone Act; that each and every person who should, through the agency of these defendants make an application to the United States of America for the purchase of said lands in tracts of 160 acres each, who should follow the procedure hereinafter designated as the procedure of the said defendants, and who should pay to the United States of America the required filing fees, and the further sum of $2.50 per acre for said lands to the United States of America, would surely and certainly receive title to said lands in said tracts of 160 acres each, within, to wit: two years from the date that the said applicants, and each, every, and all thereof, should apply to the said United States for the purchase thereof; that the proper and legal method of making and filing applications to purchase said lands, as aforesaid, and to secure title thereto from the United States, was that the said applicants and each, every, and all thereof, should through the agency of the said defendants, Carlos L. Byron and Frank E. Alley, file and cause to be filed in the United States Land Office at Roseburg, Oregon, a duly verified application under the provisions of the said Timber and Stone Act for the purchase of 160 acres of either the said selected lands or the said patented lands, under the guidance and direction of the said defendants, Carlos L. Byron and Frank E. Alley, and that by virtue and reason of such filing and on account thereof, and the alleged valuable services which it was then and there represented would be rendered by the said defendants, Carlos L. Byron and Frank E. Alley, the said "VICTIMS", and divers other persons to the Grand Jurors unknown, as applicants, and each, every, and all thereof, would procure, obtain and establish for themselves a preferential vested right over every other person to purchase said lands and the timber thereon

from the United States of America for the purchase price of $2.50 per acre; that the said filing was a part of the necessary and proper procedure of securing a patent to said lands, and by virtue thereof and the pretended services to be rendered by the said defendants, Carlos L. Byron and Frank E. Alley, the said "VICTIMS", and divers other persons to the Grand Jurors unknown, as such applicants, would initiate and secure a prior preference and vested right to purchase the said lands and the timber thereon from the United States for a price not to exceed the sum of $2.50 per acre; that the purchase price required and exacted to be paid to the United States for said lands and the timber thereon under the provisions of the Timber and Stone Act was the sum of $2.50 per acre and no more; that in order to secure title to said lands it was not necessary for any of said "VICTIMS”, or any other person as such applicant, to make any actual or personal examination of any of said lands prior to making said application to purchase said lands under and by virtue of said Timber and Stone Act, but on the contrary, examination of said land could be made by an agent of the applicant and at a time subsequent to the filing and presentation of the application for the purchase thereof to the United States Land Office; that each, every, and all of the said applications to purchase said lands under the said Timber & Stone Act which should be made under the direction, guidance and through the agency of the defendants, Carlos L. Byron and Frank E. Alley, and by reason of the pretended alleged services to be furnished by the said defendants, Carlos L. Byron and Frank E. Alley, would be accepted and allowed by the officials of the United States Land Office, and that thereafter the United States of America would within the period of two years from the date of said respective applications and upon the payment of $2.50 per acre by the said "VICTIMS", as such applicants, issue a patent to each, every, and all of said "VICTIMS"; and to divers other persons to the Grand Jurors unknown, who should, through the agency of the said defendants, Carlos L. Byron and Frank E. Alley, make application as aforesaid; that each, every, and all of the said applications which would be by and through the agency and under the direction and guidance of the said defendants, Carlos L. Byron and Frank

E. Alley, so filed for the purchase of said 160 acre tracts of said selected lands or said patented lands, would be the first valid applications in point of time filed in the United States Land Office for the said respective tracts of land so applied for.

It was a further part and portion of said scheme and artifice to defraud the said "VICTIMS" and various and divers other persons to the Grand Jurors unknown, and the public generally, that the said defendants, Carlos L. Byron and Frank E. Alley, would and did require the said "VICTIMS" and each, every, and all thereof, and divers other persons to the Grand Jurors unknown, to pay to the said defendants, Carlos L. Byron and Frank E. Alley, sums of money ranging in amounts from $100.00 to $1000.00 each, for the pretended services to be rendered by the said defendants, Carlos L. Byron and Frank E. Alley, to the said "VICTIMS", and to divers other persons to the Grand Jurors unknown in furnishing alleged information of the location and the description of said respective 160 acre tracts of land, and pretending to do all things necessary to be done for the said "VICTIMS" and for various and divers other persons to the Grand Jurors unknown, to procure for the said "VICTIMS", and for divers other persons to the Grand Jurors unknown, a prior preference and vested right to purchase said respective tracts of land from the United States for the alleged price of $2.50 per acre, and that when said money had been so received from the said "VICTIMS", and from various and divers other persons to the Grand Jurors unknown, that the said defendants, Carlos L. Byron and Frank E. Alley, would cheat, swindle, wrong, and defraud the said "VICTIMS” and various and divers other persons to the Grand Jurors unknown, out of all said sums of money which any of said "VICTIMS" or any other persons, should pay to the said defendants, Carlos L. Byron and Frank E. Alley, and would give to the said "VICTIMS", and to divers other persons to the Grand Jurors unknown, and to every person who under said pretenses and on account thereof should pay said sums of money, nothing whatsoever of value in exchange or payment therefor:

That the said defendants, Carlos L. Byron and Frank E. Alley, in order to induce the said "VICTIMS", and various and

divers other persons to the Grand Jurors unknown, to pay said sums of money to the said defendants, Carlos L. Byron and Frank E. Alley, would further fraudulently and as a further inducement to cause said "VICTIMS" and various and divers other persons to the Grand Jurors unknown, to part with said money, agree verbally and in writing with said "VICTIMS", and with divers other persons to the Grand Jurors unknown, that they, the said defendants, Carlos L. Byron and Frank E. Alley, would furnish such further and additional services as might be necessary to procure from the United States a patent to the lands applied for and that in the event such patent should not be so procured that they, the said defendants, Carlos L. Byron and Frank E. Alley, would return and refund all of said sums of money to the said "VICTIMS" and to divers and various other persons to the Grand Jurors unknown, in the event the said "VICTIMS" and divers other persons to the Grand Jurors unknown, should be unable, through no fault of the said "VICTIMS" as applicants, to secure from the United States of America patents for said respective tracts of land so applied for.

It was a further part and portion of said scheme and artifice to defraud that the said defendants, Carlos L. Byron and Frank E. Alley, would further fraudulently represent, pretend and promise the said "VICTIMS" and various and divers other persons to the Grand Jurors unknown, that they, the said defendants, Carlos L. Byron and Frank E. Alley, could and would, by reason of their great alleged skill and knowledge of public land laws, cause a reversal and change of certain rules, regulations and decisions of the United States General Land Office and of the Department of the Interior, and in that manner secure for the said "VICTIMS" and for divers other persons to the Grand Jurors unknown title to said lands from the United States of America for the payment of said $2.50 per acre.

It was a further part and portion of said scheme and artifice to defraud the said "VICTIMS", and various and divers other persons to the Grand Jurors unknown, that the said defendants, Carlos L. Byron and Frank E. Alley, for the purpose of allaying and dispelling the suspicions of the said "VICTIMS" and various and divers other persons to the Grand Jurors unknown, that the

said defendants, Carlos L. Byron and Frank E. Alley, would pretend to agree with the said "VICTIMS", and with various and divers other persons to the Grand Jurors unknown, that a part and portion of the fees due to the said defendants, Carlos L. Byron and Frank E. Alley, from the said "VICTIMS" should be paid in the future and after title to said lands had been secured from the Government of the United States by the said "VICTIMS."

It was a further part and portion of said scheme and artifice to defraud that the mails of the United States should be by the said defendants, Carlos L. Byron and Frank E. Alley, used and caused to be used in the carrying out of the scheme and the said artifice to defraud, in this, that printed and written letters of and concerning the said applications, the said applications themselves, pretended notices of appeal, and other written documents relative to and pertaining to the said procedure of the said defendants, Carlos L. Byron and Frank E. Alley, should be by the said defendants placed and caused to be placed in the United States postoffices situated within the state of Oregon for mailing and delivery.

That by and through and on account of said scheme and artifice to defraud, the said defendants, Carlos L. Byron and Frank E. Alley, intended to cheat, swindle, wrong and defraud each of said "VICTIMS", and divers other persons to the Grand Jurors unknown, out of all of the money which any of said persons should pay to the said defendants, Carlos L. Byron and Frank E. Alley, on account of filing fees, location fees and for said alleged services; that for the purpose of further carrying out said scheme and artifice to defraud, the said defendants, Carlos L. Byron and Frank E. Alley, would and did falsely represent to and promise said "VICTIMS", and to divers other persons to the Grand Jurors unknown, and to the public generally, that great numbers of other persons to these Grand Jurors unknown, were anxious and desirous of making similar applications through the agency of the said defendants, Carlos L. Byron and Frank E. Alley, for the purchase of said lands from the United States of America; that for the purpose of inducing the said "VICTIMS" and various and divers other persons to the Grand Jurors unknown, and the