Fuston

Euston, alias Charley Bennett, plaintiff in error, was convicted of violation of section 28 of the Penal Code (18 USCA § 72), in that he made and forged a certain stockraising homestead application, by signing a false and fictitious name, Charley Bennett, to the application, and that he transmitted and presented the application to the office of the register of the United States land office at The Dalles, Or. He brought this writ of error.

By stipulation certain records were introduced. The government offered a homestead application made by Chester Euston in 1915 (Exhibit 1), and an additional homestead application by Chester Euston made in 1917 (Exhibit 2). Counsel for defendant admitted that the exhibits were official documents, but would not admit that they were signed by Fuston. The court admitted them merely as official United States land office documents on file. The signatures were not admitted until proven. Thereupon Exhibits 3, 4, 5, and 6 were also admitted as United States land office records, but, the court held that the genuineness of the signatures thereon would have to be proved. Exhibits 3 and 4 are files containing notices of intention to make proof of homestead…