Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-07-31
Witness considers them bona flde resi-

dents.
Matthew Clark, another U, S. witness
testified that he lived about a mile fror
the land in question and passed It fire
quenty, sometimes as often as twice
week. He noticed the house and fenc
ing. The house was built in the sprin
Of 1887 by James +. Cooper, For tw
years after the filing OF Cooper's declara
| tory statement there was no house, only
| foundation for q house. During these tw,
years james +. Cooper lived with hi
brother on section SO, adjoining the sec
ton in which this claim is situated. Sine,
the spring OF 1887, the claimant has con
! tinued to live at the homestead of his
brother, John W. Cooper. Saw house
| hold goods in the house in the spring O
| 1887. About thirty acres of the tract ir
question is under fence, and was in the
spring Of 1887. About eight hr ten acres
OF the land had been cultivated up tc
| December, 1887. The fences incloses
parts Of other claims, and is made o!
culls." The house is made OF fair com.
mon lumber, and contains 1000 or l ,2OC
feet; ], 200 feet OF merchantable lumber
has been used in improving the claim,
About 10000 feet of timber has been
taken from the claim and cut and sawed
by the Cooper Lumber Co. Has seen
wagons loaded with this lumber driven
away from the saw mill. Testifes on
cross-examination that there is close
to mile OF fence on this quarter section.
1t is board fence from three to four
boards high. The first crop was raised
on the land in 1885, and it has been since
cultivated by j. +. Cooper and J. W.
Cooper, Crops were potatoes and oats.
Most OF the lumber used in the fence is
good first class fencing lumber. The
boards are from six to twelve inches wide.
James +. Cooper testities, in his own
behalf, that he is the contestee in this
case; that he is the head Of a family con-
sisting of three daughters and one son.
two Of whom, tho son, aged Is, and one
daughter, aged 8, are living with him at
home. About eighty acres of the land
embraced in his claim is mesa table
land, about ninety acres Of itmesa and
gradual slopes, and about seventy acres of
it mountain pasture land. In its natural
state it was all timbered but about four or
five acres. The timber was principally
pine and spruce. II first took possession
OF this land in 1881, before it was sur
veyed. l did some blowing and put up
cheap cabin on it, consisting of logs at
the bottom and tent roof. have worked
the land more or less ever since; have
cultivated it continuously for five years.
This crop growing now makes the sixth
crop that / have raised and gathered on
that land. | had land fenced for five
years, and have been increasing in guam
tity OF land in fencing and cultivation
every year. | have lived on the land
more or less all the time. have never
been OFT the land, not three weeks at a
time--not over three weeks at time
since March, 1881. In 1885 had about
three acres OF potatoes and about two and
One-half acres OF oats. In 1856 had about
the same amount Of potatoes and about
four acres OF oats, ard in 1887 had about
ten or twelve acres OF OATS some potatoes
and about an acre OF timothy. Have about
thirty or thirty-fve acres in cultivation
this year, consisting Of clover, orchard
grass, barley, potatoes, peas, oats, timo-
thy, and about two or two and one-half
acres of ground broke for next seasons
crops" Has a lumber house, l2x14 feet,
eight feet high, made of good dressed
boxing; cracks all batted, double board
roof, double floor, sealed all through in.
side, and one door and one window, built
January, 1887. Commenced building o
house on this land just after it was sur
veyed, but did not finish it; got it partly
done and concluded to build large one,
and in a different place. Laid the founda-
ton OF the large one, but did not
finish it, as 81 saw it was larger than |
could build at the time, and went and
finished the house at the springs" Has
between mile and mile and one-quar-
ter OF post and board fence, and about
acres cleared of timber. The
first fencing was done five years ago.
" Have been adding to it every year since"
The Improvements on the land have cost
fully 81 200.
Mr.. Cooper testifies as to residence on
the tract as follows: "My work has been
principally at the mill. / boarded most
OF the time at my brothers on the ac-
count that tho mill is near to his house.
l have no one to keep house for Inc. My
two Youngest children stay at his house,
and made it a rule to take most OF my
meals and then 60 and stay at plight with
my children" "rhere has never been
week that | have not been at the house
since it was built" He states also that
he has furniture in the house and has &C.
cuped it ever since it was built, in Jam
uary, 1887 that the honse was furnished
in December, 1857, when the investiga-
ton was made by the special agent, ex-
cept that the stove was taken out and
used at the school house for about six
weeks. That he made the entry for the
purpose of cultivation and having home.
Has not attempted to make final proof
and payment for the land, but would have
done so had the filing not been suspended.
Has cut some timber from the land COM
menced cutting about three years ago.
Cut about $4,000 feet year after that for
the purpose of clearing up the land for
cultivation has cut no timber on the
land outside of his Enclosure; has not
cut and removed any timber from land
not susceptible to cultivation on his
claim used over 81, 900 feet of the lumber
made from the timber cut from the claim
in improving it. The land cleared is now
more valuable for cultivation that it was
for the timber upon it in its natural state.
Notover $50, 900 feet Of lumber has been
taken from the land in question. He is
q member OF the Cooper Lumber Co.,
composed OF himself and brother. The
profits on the lumber taken from the land
is not one-third of the amount that has
been expended in improving the place.
On cross-examination Mr.. Cooper tes-
titles that his claim is fenced Oh three
sides and is inclosed on the other side
with other land on other claims. About
5000 feet OF lumber was used in the
house upon the land. The fence con-
tains three, four and five boards; they
are most all twelve inches wide, but some
are six and few are eight and ten in
ches in width. There is one eighty of
the land from which there has not been
q tree cut--the east eighty. Considers the
land worth SIS per acre for agricultural
purposes, with the improvements now
upon it, if stripped OF timber. Lumber is
,r,o,th NJ tho mill en- nor I 000 Tho