1. Criminal Law (§§ 370, 371*) — Evidence—Other Offenses — Knowledge-Intent.

Where, in a prosecution for maintaining an unlawful inclosure of, and hindering free passage on, public lands, defendant testified and sought to' show that the fence had been constructed only to prevent cattle from straying back to the place from which they had been brought, and that he had instructed his workmen to construct gates oyer every trail, and not to impede others from using the government land, so that it was material to show whether the fence was constructed with a lawful or unlawful intent, evidence that defendant and his foreman had procured settlers to homestead certain tracts of government land within the inclosure, had defrayed their expenses in filing and making proofs at the land office, and, in some instances, had paid the settlers a consideration beyond such expense and in others had built cabins for the settlers to live in, and inferentially had agreements with such homesteaders whereby he would ultimately obtain title to the land, was admissible to show defendant’s knowledge that there was public land within the inclosure, and to show the intent with which the fence was maintained, though tending to show the commission of another offense.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 825-832; Dee. Dig. §§ 370, 371.*

Evidence in criminal prosecutions of other acts and offenses to show knowledge, see note to Lobosco v. United States, 106 C. C. A. 479.]

2. PUBI.TC LANDS (§ 21*)-OuFENSBR — iNOLOSITEB—TNDICTirENT—“Ok.”

Aii indictment for inclosing public lands, alleging that accused so constructed. maintained, and controlled the inclosnre then and there having no claim or color of title made or acquired in good faith or otherwise or at all to any of the land, “or an assorted right” thereto by or under claim made in good faith, with a view to entry thereof, etc., was not fatally defective for failure to sufficiently negative the asserted right by a direct and positive averment, since the word “or,” both in the statute and in the indictment;, should be construed to mean “nor.”

Hid. Note. — For other cases, see Public Lands, Dec. Dig. § 21.*

For other definitions, see Words and. Phrases, vol. 6, pp. .1002-5015; vol. 8, p. 773!).]