Omaha daily bee., 1889-07-07
THE HELFENSTEIN MATTER.
Various Stories Concerning the Real
Object of the Suit


| IL is claimed that Helfenstein undertakes an
| immense iob in n attemptinv To show that be
| hoo an, ,n,oroa, L., ~ ,,ro,,or,,
mas any i"VoiosV III Vne proporS
Inc story goes That In 1894 tho Omaha
| City company was formed, and surveyed and
| plotted into town lots q quarter section Of
| government land which is now the estate
insolyent certificates were issued to various
persons who took lots and among
| others Robert Shields became,
| In this way, the possessor OF ten lots in block
| 12S@, upon which he entered in 1855, erected
| n house and lived in IL about one year. then
| sold out TO man named Beesom Shields
| thereafter moved on to farm which he pre-
| empted, down IN Sarpy county. where he
| lived until some tme in 1851 when he re-
| turned and re.purchased his former home
| frome Beesonl. Shields then pre- .emptod an
| entire quarter, including the ten lots ON
| which he claimed at the time to have made
| a settlement, in April, 1856 On November
| 81, of that year, he proved UP and received
his patent from the government.
cations for Suit in the United States dis.
| trct court
The records show, however, that convey
| ance was made by Shields to +. f. Test, on
November %, 1885, of an undivided interest
| in his possessions, and shortly afterward
| sold the other half TO Il. V. Smith. About
| that time it seems that the government
officials surmised that something was wrong
| and the general land office instructed the
| local officials to make an Investigation into
| Shields pre-emption right to the tract. The
| result was a decision against Shields, which
| the land commissioner affirmed, but an ap-
| Thompson, then secretary of the interior.
| He also approved the commissioners action,
| and as a consequence, on May 8, 1860,
! Shields claim was vacated
| Caleb Smith, who succeeded Thompson in
| 1851, reversed all these decisions and rein
| stated Shields. 1t is charged that Smith did
this without giving any of the Interested par
ties notice. Under his direction another, pa
| Helfenstein's claim came into existence.
After Shields pre- -empton had been cancelled,
| in 1857, the land was sold at public auction
DIR. G. c. Mcneil, as the agent of several
| parties, bid in one half, and e. V. Smith
| purchased the other half In the meantime
| the city had Incorporated and took in the
Shields tract. 1t was a mile away W from m the the
town site, though inside the corporate limits
| Allen Root was one of the parties renre.
| sented in the auction purchase Inv
| DIR. Mcneil, who bought in the
| interest of the Omaha CITY companv
90 az to nerfect the title of the narties
| Shields having secured the ten lots in block
| 12Sh from that corporation. Roof finally
| instituted suit against Shields To settle the
question of his title.
Justice Miller heard and decided the case.
| He ruled that the purchase made NV Mcneil
| and Smith ut auction gave them n good title.
also that the entry made bv Shields was
| void. because the land was not subject to
| pre-emption, and that the defect in his title
! was a radical one. After all his operations
| shields had no more right to the
propertv than before. therefore could
| not convey an interest to any.
| body else. Those persons who accepted
| deeds from him took no more than he had
| which was nothing, Therefore a decree was
| granted To Root.
| Helfenstein has commenced suit against
the follo,yinp we'll known citlzens.
Paulsen. ella Kennedy, ]. A. Whalen. Will
| lam Fl. Anderson. Abraham Rosenberg
| Harry p. Deuel. l., E.. Roberts. Mary Fitz.
| patrick. S. G.. Damon, j. p. Finley. Honora
| Carroll, Robert Mcconnell, Francis e. Bailey
| Charlotte M. e. Adams, f. r.. Davis ct nj.
BYRON Reed. Never Helsman, e. V, Smith.
| John O. Willis. Anna r.. Cn,npbel Ella
| Ittner ct al. Robert O. Balkus. C.. l..
| Wright ct al, William Baughton, ]. o.
| Slater, stephen X. jackson. l. III, Tower ct
al, Martha M. Ish ct al, Lanpon p. Pruyn ct
| ali G.. w. Beard ct al Andrew Rosewater ct
| ali James Perkins. Anne d. Cafferty and
| Francis Robbins.
The report now in circulation has H. that
Helfensten's object is to bleed these people
| NV forcing them into n settlement. George
| w, Coyeil his local attorney, was seen
| Yesterday and questioned on this point. He
| Stated that some time ago when Jndpe
| Guthrie. Helfenstein's st. Louis LAWYER. was
| here. certain of the parties defendant had
| made overtures and were informed that
nepotiations could be entered into on the
| basis of certain per cent of
| the cash value of the property now.
The least consideration. however wouId
not, he said, be below 20 per cent. On the
other hand an organization known ns the
"Uome Defenders; Associatiom of North
Omanau has been formed and they nronose
| 70 fight the case for ali there is in IT.
Tbe folIownr are tho oninions of several
| narties Interested IN the suit.
Andrew Rosewater-T have been notified
| of the sult brought against me and intend. in
| CONJUNCTION with MANY others of those simi.
| Iarlv interested to fight H. some of the
| neonle holdIne nronerty In tins disnuted ter
ritorv are buildinr or are about tn bnild
| houses unon borrowed money and when this
| claim was filed they BECAME alarmed and
rather than enter into n law suit Maid the
| money demanded. which in most cases was
| S25. This has about been stopped and
nearly all of us have agreed to fipht
| the case ont. I have never been approacbed
personally and offered a quit claim deed. and
| don,t know whether IL is Mr. Helfenstein or
who n is that ia doing this
II p Deuel-I know hut iittle concerning
| the matter. I received n notice of the suit
ana nlaced tba entire care of 1t in INV attor
news hands was never offered n unit
| claim deed. and know nothing about that
mart of il,
| ~ r.,