Omaha daily bee., 1885-06-13
THE CELEBRATED CASE.
Arguments in tfG Case Of thG United
States Us, Brighton Ranch Cal.
lie Company,
Justice Samuel +. Miller Holds n
Special Session of the US. Circuit
Court-Arguments of Dist. At
torney j. IL. bambertson
and Judge Woolworth.

torney j, ii. bambertson
and Judge Woolworth.
Justice Samuel f. Miller called special
session of the U. S. circuit court for Ne
braska at 10 o'cloak this morning, for the pur.
pose generally of hearing few motions that
had been set down TO come before him, and
especially to hear final arguments in the cal.
ebrated Brighton Rancho case. The vener-
able justice said that he could not spare more
than two days time here, and in view of the
sultry weather it was his desire that the at
torneys be as brief as possible in the presenta.
tion Of their matters. Members of the legal
profession present were L. S. District Attor-
ney j. II, L,mbsrtson, EN-. Burkley, Judge
Woolworth, Hon. N. S. Harwood, and T.
Ulysses; Judge De Wight Hull, Mr.. Quinn
and G. E. McGould, of Lincoln.
After hearing few preliminary motions
the Brighton Rancho case was called. Dis.
trics Attorney Lambertson stated that he
had been REQ quested to withdraw the name of
| @. S. Webster, who has heretofore appsared
| as one of the attorneys for the United States
Mr.. Lambertson, ON behalf of Uncle Sam,
presented the case, which, in subsistence, is
that on February 18th, 1884, bill of partic-
ulars was filed against the Brighton Rancho
company and Vergil Allyn, charging that by
| enclosing $4,000 acres Of land with q barbed
wire fence, they had intimidated and OBJ
structed people, who had desired to perfect
their rights as homesteaders; 1t is also stated
that in the light of all allegations set forth
defendants have greatly interfered with the
these public lands. In applying
for an injunction, and when
the answer was made, said answer proclaimed
that inasmuch ~ the Brighton rancho com
pany had been organized for the cultivation
and maintenance Of blooded live stock in the
state, they could not well do 30 without the
fencs. Itwas shown that large number of
stock cattle and $50 head of fine
blood bulls were maintained there.
When the government anticipated to show
that this fence was a public nuisance they set
up the reply that the fence was necessary to
keep this $50 head of bulls from running at
large all over the country, and further that
as they held lease or deed in trust to the
lands, said lands were no more part
of the public domain. This
rancho is located in Custer county, about two
hundred miles west of Omaha. The suit has
was heard at some length not long ago Inv
judges Foster and Duadv. who made an
order for the taking Of the tastinony and
also for a resuryev of the fepcs line In the
meantime the Brighton ranche company has
moved it's fence in until now there are not
over 40 COO acres within the enclosure. The
government claims that of tbis amount there
are at least Is 600 acres unsettled, At the time
this suit was brought. said Mr.. Iambertson.
there was no law of commerca to nyobih,t tbe
fencing of the government domain. But since
that time there have been enactments made.
and a number were read which prohihit
anv eeclosure of the pnhlic domain
But whether in this case the fence can be
called an enclosure. copside1inp the fact that
there are two oans or oneninps each one
quarter of a mile in length II wonld seem that
the enclosure was sufficient TO answer ali mr.
poses for retaining the stock and also bs an
effectuai obstruction to tbe settlament Of COW
eminent lands on the inside. In supnorf Of
this positiop. the district attorney 1inte elo-
ouently declared that the mere existence of n
fence was sufficient tn kean ont settIers and
when man in search of homes come to and
travel for miles and miles along n fenc, thew
uaturallv suppose that the land Is |
taken by somebody else, notwith- /
standing the fact that thew MIGHT see inst
over said fer ca many claims of desirable land
The boldness. effronterv and cool audacitv
continued the sneaker which these man have
assumed in appronriating INTO themselves |
pronertv belonpinp To somebodv else ia with |
ont precedent The settlers who Do own md
live on claims within this stupendious on
closure ara constantly annoved. harassed and |
driven almost to desperation by the com
pany's cattle DESTROYING their crops. The |
bravado conduct of Verei Allyn. and the in.
Limitations that he used at numerous stated
times to cowe and conquer D: ople inclined to
defy HIM little, were set forth at length. To
the manuer in which MIR, Allyn and |
his men rode rough shod, heavily armed with
revolvers repeating rifles and loaded whips,
over the ranch, is laid the primary cause of |
one murder, of a settler, committed on the
ranch. Il do not charge, u said Mr.. Lambert
son, that ALVIN committed the murder. bu-
two of his men dld, and we cIai N that his de
meaLor b ought about the sad state of affairs.
Every employe of the Bri.hton ranch com
psny, says the district attorney in his arRu.
ment, took lands within the inclosure and |
Allyn built their houses for them The name
of a woman and five or six daughters, who are
designated ia the district attorneys talk as
"a regular Pinafore family" each and every
one have taken up lands on the ranche some
of them l6O, others 800 and one or two as
much az 4SO acres, all of which is now con-
troed by the Brighton Rancho company,
The fertility of the soil, beauty Of the coun.
try, and desirability of making homes, in
Custer county. vera featu, es set forth TO his