Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-12-08

view, have prepared the following state
ment of the defendents' side OF the case.
which is the first authorized publication
from Messrs Uline, harrington and the
others. The attorneys state:
An indictment Is pending against the
parties (named above) for the murder OF
the Ward boys, and the case has been
continued to the April term OF court.
when it will take place before Judge
Hudson at Grand Forks All the parties
Harrington. They are released under
bail, and the others are in confinement
because their friends were unable to pro-
cure the requisite bail. Both Uline aud
Harrington are interested in the town
site at Devils Lake, and, having some
means, were able to get bail for the
| others because they were not interested
in the slightest degree in the claim the
dispute over which resulted in the death
OF the Wards, nor were they in any sense
parties to the matter. The true version
of the matter Is as follows:
| The Staying of the Ward brothers at
Devils Lake, and the arrest aud indlct-
ment of the accused parties for the crime
of murder, have provoked considerable
comment from the press, and that un-
favorable to the accused. This was to be
excepted. When a human being is
killed, as rule, the feeling of the com
munity is against the slayer; rarely does
the narrator of the incidents connected
with the affair tell his story in ap un re.
JUDGED manner, and whenever the facts
he entails reach the reading public thev
are so mixed with rumor, ialsekood and
SUI mise that they are vainiess, to lead
4 t,. 70, -,
whether or not the homicide was iustlf-
able
| There is an impression among those
whose attention has been called to the
unfortunate affair, that Charles and
Frederick Ward were killed in attempt
ins to contest claim in which the pro-
prietors of town site were interested /;
and THIS idea has been studiously
encouraged and fostered by the friends
of the Wards, and those WHO are inter
ested in the prosecution.
The object of this is to create feeling
against the defendants by holding up
the dead as victims to the grasping
, averice of what Is popularly termed a
, town site syndicate"
But what are the facts? The proprie
tors CT the town were not interested, il
auy manner, IN the claim that the de-
ceased were trying to jump.
The real owner of the claim was, and
r is, John Bell; and, as early as July, 1852
he had built his sod shanty on the land
. where the homicide occurred. BY sur.
vey, made shortly after bis settlement
. 1t was discovered that lie was on claim
west of the one he intended to take. and
which was then held by another party
70 remedy this supposed mistake, Bel
al, II,
This was the condition OF affairs wher
the Wards appeared upon the scene il
+ the spring of 1888. Denying Bells
right to his claim, Frederick Ward buil
/ claim shanty on the land Bell had set
tied on for at least six months. Rousec
by this act-always regarded with con
a tempt and indignation in frontier set
, tlement Bells friends rallied and quiet
1 ly moved Wards "shack" from the clam
|. without any violence or damage, anC
warned him not to repeat the act. Blu
!, the brothers were determined to hav,
Bells claim; it seemed to possess pc
n culiar value in their eyes; and pre-
l. pairing for struggle by armins
n themselves with revolvers, the,
erected second shanty on the GOV
J. eted land. When Bell discovered thei
e purpose he requested his friends to he'll
,r him remove the Ward shack. For thi
# purpose. and for no other, on the nigh
of April 2Sd, some twelve or fifteen o
> Bells friends assembled and went to th
t. shanty then occupied by tie Wards an
u one Elliott. Bell knocked on the doc
a and informed the Wards that he wa
:. there to move their shack from his clair
"a and requested them to come out so thG
l. it could be done. Bell waited for som
e time and repeated his request. Up t
n this time no angry or insulting word ha
= been used by Bell or any OF bis part.
y No threat had been made against til
" Wards. No thought was in the mind {
v, any person who is now indicted for mu
to der that deadly conflict was to ensu
or personal violence was to be used.
Us looked incredible that any resistan,
=. would be offered to the removal. "rh
:. land admits of no dispute. The govern
ment survey, made subsequent to the a
Us fray, shows that both OF Bells shanti
be were on the contested claim, and that Il
,e. first survey was an error. The WARDS we
trespassers from the beginning, wron
fully striving to wrest from another h
VI land and prepared TO enforce the
lie wrong, as the sequel shows, by force al
la. bioodshed If necessary.
;s We can show that the Ward brothC
We're III the habit of jumping clain
y They We're what might be termed pI
'g- fesslonal claim jumpers. They We
is holding claims at Odessa and at Bartie
,,, ut the very time OF this affray. L. OH
N words, they came to Dakota for the pl
a'' pose of making money by grasping nlt
land than the law entitled them to unc
ed their respective rights, and III furth
nd ance OF this purpose jumped Be
,rt. claim. This We can show by credit
nc witnesses, and on the other ha
af- Bell had resided on tins cla
raj alone since year ago last ju
90. Bat to continue my statcme
lev How did they respond to Bells reqne
on. Not by expostulatiou or protest. but
hiN Suddenly opening the door. and rapIt
et discharging five shots INTO the midst
me- Belts party. Not one word OF warni
en-. did they give. "And even then no s.
the WAS returned, until one of the party
en- GAINED that he was shot. Paus!us ht
ail. there would be no question bnt that
re. Wards were In fact the assailSntS; IL
not conduct from the inception OF the siiI
to was aggressive snd magisyuns: they a.
,,e. t,rst blood, aud when tue cry oi I.