The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1890-03-22


celebrated as did the Ross W.. Sipchen
case of several years ago. In tho latter
case John ID. Ross ATTEMPTED 10 enter
Tor cash the northwest quarter of Sec
ton twenty-six, 43-35, previously SET
tied upon and claimed by John j
Sipchen, under the homestead law. A
long, bitter and expensive contest was
carried on which resulted lin a victory
Tor Sipchen aud the opening up az the
whole land question Of the Ontonaeon q
Brule River railroad grant. The present
contest * Tor the southeast quarter al
the northwest quarter, northeast quar-
ter OF the southwest quarter and north
hall of the southeast quarter of section
thirteen, 44-35, lying within this grant.
The tract In question was first settled law
George Martin. several years ago, but he
neglected to keep up his settlement. after
building ashanty thereon, and eventually
sold his improvements TO one Wheeler
Tor one hundred dollars, receiving Hftv
dollars down. For some reason Wheeler
never made any attempt TO keep the
land.
Fred. Dnnbrook claims TO have settled
upon the land in September. 1883. hut
did not commence living on it until in the
spring OF 1889, although he claims 10
have been upon the land and occupied
Martins shanty ON several occasions.
during the fall and winter
Thomas II Webb also claims theland
claiming settlement january ~. 1889. at
which time lac claims 90 have went upon
the land with Thomas II Flanagan and
put down four logs for foundation. and
that he went there again i'm February
and finally completed aud moved into
his shantv, ON the eighteenth day 81
March and lived there continuously ever
since, except necessary absence TO town
TO purchase provisions and 20 attend
church, and to work for few DAYS
Dalins Faulkner. Jr., the other con
testnnt claims 90 have settled npon the
land on the twelfth day ~ Fubruary,
1889, and Immediately erected his house /
and lived their ever since, except when
absent occasionally exchanging work I
with his father, going after provisions. /
and attendance at his fathers house dur /
ing the severe illness Of members 81 the 4
family
While THE DIAMOND DRILL shall not /
attempt 20 pass judgement upon the |
merits oil the several chiimnnts, il will I
briefly give the claims OF each for the in /
formation of its readers
DunbrOOk claims the land as the first /
settler thereon, while Webb and Faulkner
claim that while he may have attempted |
10 make the settlement AZ clnimed hv him. 4
hc abandoned his claim. and underworld I
20 secure another. In proof OF this both l
Webb and Faulkner introduced evidence I
of his declarations to that effect and \
also that he voted ut the annual village /
election at Iron River. March II 1889 4
Dunhrook admitted voting in the village /
but denied mailing statements that he \
hid abandoned the land. Faulkncralso
put IN evidence that Dnnbrook had /
promised hall interest 90 another II he
got The land and suhstantiatcditby two
witnesses. Dunbrook denied makngany
surh promise
Webb claims that Dnnbrook adam
doued the hand and that he Webb was
the next settler thereon, having made
settlement thereon january 81 1889.
and that ON February ID he was there
again: that in March he went back and
completed his shantv and moved into il I
March Is, and has been bona fife resi-
dent thereon ever since, and has not been
absent thercfrom except as stated above;
that he planted ten bushels 81 potatoes
and had cleared about one acre of hand,
upon which these ten bushels ofpotatocs
Ind been planted besides some turnips.
the pnst season. DunbrOoS does not I
attack either Webb's improvements nor
his date al settlement, hut Faulkner nj
tncks both, claiming TINT Webb went
unOn the land February i3, one tlav
after he Faulkner had commenced his
settlement and that he has not resided
thereon since. except 60 build his Slnnty
alleging that he hns been a resident OF
Iron River ever since; that only about a
quarter ~ an acre has been cleared by
him and that not fully clcnfed. thcstand-
ing timber remaining. and that he Only
planted about a score 81 hills 81 potatoes
which he never even dug: also that lac
voted at the village election ofMarch l,
1880.
Webb denies being in town on the day
OF the village election or TINT he voted
al such election But Fnnlkner produced
one ~ the poll lists where the name of
rhos. n Webbappeafsas No 80. Webb
claims that he hnd a co,iSin ia IRON River
oi that mime aud TINT perhaps he was
the one who voted. III il IL decided
that the question 81 voting becomes
mHterinl the only way IL cnn be
decided Is hy a. criminal prosecution
for illegal voting, but such step
viii not be rcsorted to except ~ n last
resort Both Dunhrook snnd Faulkncr's
improvements are concrded 60 bc sniff
cient. hrnce they were not attacked. But
the other contestants claim that his
residence on theland WIS not sufficient.
Already y large ninonut AZ expense has
been incurred by ench 81 the parties. and
nearly 20. 900 words ~ written tcsti-
money taken, a. large amount ofill FEELING
enronarfed IL commenced hast Novrm-
her when Faikncr made application 10 ,
prove M but the matter WIS So mixed. !
that dcririnn WIS reserved until Webb /,
and Dunblr,ok should make their final .
nrnofs. Bv agreement all the proofs
taken hast November and all such nddi-
a ltftf ttl Mt