Rufus Wheeler Peckham

“ The government now says there was no evidence in the case that Ross was a citizen of the United States, nor any tending to show he was a bona fide resident of Arizona at the time the cutting was done, and that unless Ross were such citizen, and also a bona fide resident of the territory, his cutting of the timber was wrongful, and the government was entitled to a verdict. The verdict must be regarded as a finding that Ross was a citizen of the United States and a bona fide resident of the territory when the cutting was done. If he were, there is no question made about his right to cut. ”

“ In the cited case the court, after remarking that the bill of exceptions did not purport to give all that a certain witness had testified to, said that, according to a well-known rule, the court, under such a condition of the record, was bound to presume that there was that in the witness's testimony which justified the instruction. ”