St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-10-23

READ THE RECORD.
The record which nails him to the cross
is this. Jerome E. Henley affidavit:
Supplemental testimony in case of Jerome
L. Heuley's presumption for H. e. Il of
Section %, Township 60, north of range %
west. ID. S. No. SI75.
In answer toquestions by Webster Eaton,
special agent for general and office, Jerome
Z. Henley, being duly sworn, testified as fol-
lows: l am the same person who made ID. S.
NO. S,l75 under name of James f. Henley. |
first went upon this land about May l, 1885,
have seen John Martin, but am not ac-
quainted with him. l am acquainted with C.
E. Brown and j. B. Gilillan. G. E. Brown,
understand, is son-in-law of John Martin,
and member of the firm of the John Martin
Lumber company. have talked with Brown
about this claim. I was employed by William
Rogers, who told me he was at work fer the
john Martin Lumber company; he hired me
to take claim for the John Martin Lumber
company, and was TO pay me $50 per month
for six months and 500 for my claim when L
got it, Ira Brown located me on my claim. l
understand that Ira Brown was working for
the John Martin Lumber company.
MY FARS WAS PAID
! from St. Paul to Grand Rapids, Itasca county.
| / got my provisions from the John Martin
/ Lumber company, some L got at Grand
! Rapids and most of them l got at the John
| Martin Lumber company's camp in 1928. l
| know James Clark, George w. Macy, George
! w. McCrea, Emery A. Winans, John Brush
! lin, Charles Gagnon, Phillip Gagu0n. Gaspard
1 Duisit, Pascal Le<agen, Johl Lawrence,
/ Dumas Duman, Peter Bergle. Gust Erickson,
| Charles Kearney, Louis Bovar, Nes Meven,
| Louis Meven, james Stuart and Eugene OS-
| born. They all had prescriptions in this town.
| They were all furnished provisions by the
! John Martin Lumber company. l have
| talked with all of them. Some denied having
! anything to do with Brown.
| never amDlOVH0 i. Il. Gillllan nv At
! torney. l did not pay for my presumption
filings. / don't know who did. never in
structed J. B. Gilhllan nor any one else TO
pay it for me. / never instructed j. b. Gil
fllan nor any one else TO pay my advertising
fee for my final proof. never agreed to pay
j. B. Gillian any money for anything. l
signed mortgage on this land for about
$1,000. sign two notes, one for $500 and
| the other for 500.
This mortgage was not dated. l asked why
it was not dated, and @. E. Brown or }. b.
| Gillian said that the clerk had neglected TO
put in the date.
/ signed power of attorney at the request
Of J. B. Gilfllan, and in his Office l do not
know to whom the power of attorney run. L
objected to signing the paper. and J. b. Gill
han said that it was to show to the general
land Office at Washington that he WAS
MY ATTORNEY
in this case. but have since become salts
fed that 1 signed IN irrevOcable power of at
tUrney to convey this land, the same as is
shown in The supplemental testimony of
Eugene G. Osborn, and marked lex A" l
did not read the power of attorney, but
trusted to the honor of J. B. Gillian. |
could not read the writing in it and did not
read the print.
1 do not want j. B. GilfIlan to act as my
attorney at all; think he has deceived me
and defraudsd me at the time l signed this
power OF attorney. l did not intend to sign
apyfhiDp fbaf WnTJl1 this land
l do not know anything about the pre-
emption law. When | went on this land for
Brown was ignorant of the fact that was
doing anything wrong. l have done my best
to cancel the arrangement had with Brown
when | first went on this land ] have EN-
ployed an attorney to set aside this power of
attorney and the mortgage.
want this land for myself. l have talked
with eight or ten of these claimants in this
township, and they all tell me that they have
signed power OF attorneys and mortgages,
the same as have DONE and they all say
that they have been sWinded, and none of
them recognize j. B. Gilfllan as their at
tOrney.
J. B. GILLIAN is lawyer and member of
congress from Minneapolis, Mimi. l think
now that Brown, or Hartin, or Gilfillan never
intended to pay me for my claim any further
than they have paid me. They have paid me
part of my wares, but not in full.
l offered final proof on a former occasion
for this same land. J. B. Gilfillan made out
my final proof papers on that occasion and
told me
HOW TO SWEAR,
and that I must swear to what was in that
final proof paper in order to get this land
My final proof then was made out in Gill
fillans office, in Minneapolis, MINI.
George w. McCrea, John Hartin's foreman,
gave me ticket to Duluth and return on that
occasion. My proof was then made ont en-
tirely under the instruction of j. b. Gillian.
am poor man and depend upon my wages
for my living, and all l have is this claim.
l last saw g. E. Brown last Friday, | think. I
then had talk with him. l went to him to
get some money and he asked me to stay with
him and he said: ''Do you know what those
ID SIS of BIS are doing in regard to
the claims of James Connors and John Nehey
ia township 53-24?'' ] told him | did not
know anything about it. He said he thought
they were ID small to stick their noses in
where they had 40 business. He said there
was some N n coming to me yet, and as
long as | woulu stay with him / would get as
much as anybody would give me. On two
former occasions within the last six weeks he
said to me: docs this ID s-n of b-h
(meaning Webster Eaton, special agent of the
general land otfice) know that he is about to
be kicked out of his officer" and I said mo,
how should l know" and he said, "Well,
he is"
Some time about August or September
went into the Office of the John Martin Lum-
Der COMPANY to get some money. There l
met c. E. Brown, who gave me SO, and as
was going out he asked me something about
James Smart who had previously given some
testimony "setting forth that their entries
were fraudulent He said: Il would like to
lick that id s-n of a BIB, AID if it
was not for my good name | would do it N.Y.
SELF" and he asked me if Osborn and could
not hire horse and buggy and get Smart out
OF town and
''WHIP HIM."
and he said; ''If you will will pay all ex-
penses. and if you get arrested / will pay
your fine and give YOU SIS each; besides, |
wont charge you With the SO that I just
gave you" 1 afterwards went with Osborn
TO Brown and told him that we had whipped
Smart, according to agreement, and be gave
US each SIS. When l signed the power Of
attorney, | asked Mr.. Gilfillan for S25 on &C
count. He gave me So, which he said was
all he had, but promised to give me the rest
next week. l have not sold nor bargained
this land to any one, except as above stated,
and l want this land for myself, and if get
it do not inteId that the John Martin Lum-
Der company, or G. E. Brown or J. B. Gilhl-
Ian shall obtain title to it.
JEROME E. HENLEY
Subscribed and sworn to before me this 10th
day or March, 1885.
J. R. CAREY, Register.
CHARLES KEARNEY.
supplemental testimony IN the case or Charles
Kearney. Presumption proof for "a of ne
H. and n of NV 4 of section 27, town
60, north of range % W, D. s. 1854.
In answer to questions by Webster Eaton,
special agent for land Office. Charles Kearney.
being duly sworn, deposes and says as follows:
/ am acquainted with G. E. Brown. member
of the firm of the John Martin Lumber COM
pany. was hired to take this claim by Will
lam Rogers: he agreed to give me $50 per
month for at least six months, and at the same
rate for any longer time | was upon this
claim, and 500 for my claim after 1 had
proved up, and all expenses paid. i was hired
in Minneapolis on May %, 1888. l asked Will
lam Rogers who was to look to for my pay,
and he said John Martin & Co. would pay me
under this agreement. / have received
only small portion Of my wages, not enough
to board me. l have talked with J. B. Gill
f1llan and @. e. Brown about this claim, they
both understood about this contract of mine.
l stayed on this land over year, and during
all this time John Martin & Co. furnished me
with all my provisions. Ny fare was paid
from Minneapolis to Grand Rapids, Itasca
county, Mimi.