The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-30

SonIfoat and cross-exaYaina the ,.it.as.o. -.
OF exae, liner q party This weIl-known rule
frta1. i mace expressly applicable in Ell
sh aaas oslcre the local Land Offices eor,SeouarfI
sse a.aoaslts In question cannot be cosssisjf-.s
to ,rar ~, =, .nls case The only other attcYnn
- L.oee ihe charge OF fraud was in TIE ,r,xs
s~aaihataon OF ]. I. Lohr one OF the aitr,asses
~ nc defense. This witness had lsrer -
VERBAL - sr III nlfynen to select the lands snd
es ~ -. sgreement was made, between him and
saGn applicant, that in case the latter vvislnS =.
sesi ms iana, alter making the nurcbasr the
Mad atsros pas W more than any one else
zs a. oasrea ~ does not appear that anv ono Of
salu ehtryrnen had made any promise or cos, :.
"a nscs pr,or q making his entry to sell or convey
or tba. therein, or any part thereof
terest in the same poonS A@u any IN
The facts that these lands were all entered
fhersaf.ar saa.e uhse and all transferred soon
e..sssSaItef, are susceptible of exrianstion on
osnea grounds than fraud. However. since they
a. q mos. only suggestive bad faith and de-
not, n themselves, establish fhe aT1egatian ~
IIaua they 90 not seem to demand f5,Sfta- 49,,
siaeration In your disagreeinp opinions tsis
ia si .s was dismissed Taking, as the register
Slu, ehs e1-parte afildavits on this roinf a. evil
denees ne correctly held the nrrf irss, a; 49,. -
sustain the charge $500 '-'s '1iieien' "
~ having thus disposed of the preliminarv cues
son 9 lerlsdletlon and the question OF fralid Il
remains 10 consider ana determine the iseai,x
VI saiq entries in view of the testimony suhrnit
il !. o.ner words whether not the tracts
lng OF the act of June & 1873 W eo1a-
ne hIst SIX witnesses on behalf OF the gov
srnnaen. gave quite detailed description of the
various Tracts IN question II appears from their
testimony that, preliminary thereto ard
r ~ ooay they visited said lands and made
Tba ~ % saelr observations and Impressions
s use OF these notes, BY each witness to refresh
MS memory, during his examination. at the
nearing. naturally resulted in general agree
sne sa ana uniformity in the testimony given by
lney commenced their inspection on entry
s.oos tMcbrlde 81 and report that il is mostly
and s,, ,dno SANDY loan soil, apparently good.
IN .E%-
O. the timber, underground of vine msnie and
aeyil clubs: that the surface OF this entire entry
ana gently sIoping and can all be read
~ eultvated with a pillow, with the execution
OF ABOUT ten acres, which is good grazing land.
,has from forty TO sixty acres of il are bottom
rive, .Isserssd oy the west FORK of the samish
csqar heinlock and spruce timber merchant,
aDis, though not as heavy or valuable as the
lumber on some of the adjoining lands
That the most of each of the suhdivieiops =,
entry No 1,lO4 (Gilmore'sl is suitable for agrj-
S SuilufsI purposes, has soil generally OF sandy
loan fourteen inches in depth, caushle OF nro
Gueing the ordinary crops OF that country. that
tnls entry is covered with an underground SINH
iar 70 mat on entry 1868. but superior growth
That entry No. $3.50 gChalcraft's) is on higher
sIouna lhan the preceding two and contains
one iorty- sore tract, the Use sw sec y which is
annt Tor cultivation with pillow on account of
high peak which rises on said tract; that the
otnef three subdivisions of this entry for the
ssosl part are suitable for cultivation in the or
-
% either one are too PERCEPTIONS to be plowed:
the soil is described by some OF the witnesses as
a sailay loan, and by Others as .'elay loam;"
tnat II IS OF dark brown color, and apparently
very rich, and the subsoil yellow clay USUALLY
found at depth OF twenty inches
That entry No 6,936 III Brandon-s, lies d.
rectly south of the one last named: contains one
Iolty.acTe tract inv NV sec I2) which lies on a
sloe o1ii TOO steep for cultivation with a plow
GOOD Tor grazing and not valuable for its tim
Der; that the other subdivisions OF this entry are
M Tor agricultural purposes and Will produce
me crops usually grown in that climate, when
Cleared Tor cultivation; the timber is large aud
me, consisting chiefly of fir and cedar, with
undersrowth OF vine maple and evergreen
mat entry No 6.sSs lCrome's), lying immedi-
TO agricultural purposes. if the timber were re-
moved is somewhat rolling but sus-
ceptible OF being. plowed, viii produce
tlyaton; in some portions of it the soil appeared
70 be lighter and less fertile than the dark loan
found on the other entries, well timbered with
That entry No. $3.50 (staniey'sl is more or less
broken and rocky, about half of one forty fthe
npsultahie Tor agriculture; that on the entire
entry eighty-fve acres are fit for farming and
Will produce an average crop; that the timber on
this entry Is inferior in quality and quantity on
account of fire which had been through it,
That entry No 7,071 fHolconlb's) is generally
rough, PERCEPTIONS and rocky. the sw and NV
sw ana about hall sw sw see. II, unfit for agri-
culture, the other half of the last named FORTY
with the ne sw, is fair farming land, soil a
sandy loan, mixed with stones, but not suffi-
Gent 10 prevent cultivation with the pillow, or
the growing Of crops; that the portion of this
entry lying In the southeast corner of sec II
showed the highest elevation of any of the
twelve entries in question.
That entry No. 100 wilson 81. compared with
the other entries examined, is inferior for timber
and IN many respects inferior also for agricul-
tural purposes. portions Of il being too rocky
TO admit OF ordinary cultivation: that lots and
2 OF this entry lie on the shore Of samish lake
and the other two subdivisions directly south
lake. nj nj 4ha
subdivisions, in state OF cultivation, would
produce the ordinary crops of that country of
average quality and quantity.
That entry No. 7.0SI (Haekley's) is generally
not Mt for agricultural purposes, not 10 exceed
ten acres on any one OF the forties being sus-
ceptibe OF cultivation in the ordinary methods
In view of this testimony the attorney for the
government abandoned the contest against this
entry.
o. +. Brandonsl, was likewise reported by said
witnesses 70 be unfit for cultivation by reason
Of its surface being too hilly. which also ex-
tended over and similarly affected half of the
Sc ne. The majority Of the other two subGiyi-
slons was reported as agricultural lands, after
the removal of the timber and stumps, capable
OF producing the usual crops OF that district of
country.
That entry No. s.9a9 (Roger'sl, as a whole. was
the best agricultural land in the neighborhood,
limited portions are marshy, bnt can be readily
drained, aud when prepared for cultivation
nearly all the tract would be productive farm
ing land.
That entry No 724 neslie's) is largely bottom
land and similar in character TO the Rogers en-
try: that the Sanish river flows through each of
its subdivisions, and that each was, in the rnsiu
arabic lana, the exceptions being where the
slopes toward the river were too steep 10 pow;
that aside from these slopes the entire entry
would produce crops OF average quality and
quantity.
The foregoing summary embraces. in the
briefest FORM the essential points in the direct
testimony given by the witnesses introduced BY
the government 70 show the character of the
land in question. In their crosse xaminat
they all admitted certain degree OF personal
the same theory as 10 the value of said lands for
agricultural purposes, gave the same estimates
OF the cost OF clearing the land for cultivation,
aud the same views generally on matters about
which they were INTERCEPTED.
They were all residents on lands in the imme-
date vicinity of the entries in dispute, and gave
il as their optulon that their interests would be
promoted by the cancellation Of these timber
entries and the reservation OF the lands for act
uai settlers. This opinion was based on the be-
lief that the transferecs would withhold the
lands for long and indefinite period from par
ties who might otherwise seek them for homes
They also admitted that they had no expert
ence in estimating the amount of timber in
standing trees: that they made their inspections
of the lands with special reference to the quail
ties of the soil and the lay Of the surface; that
no portion OF the land thus examined had ever
been cultivated produced any agricultural
with the exceptions noted IN their direct exam
inatiOn. and that this belief was pre5ieated on
their inspection of the soil and character OF the
undergrowth that none Of them had lived on
their own claims in that vicinity more than two
wears and some OF them much less, and none OF
Them had more than one and half acres IN
cultivation and others none; that OF them
had sold seyenty-three acres of his land for s.
per acre and SLOWED another party 10 occupy
the remainder free Of rent.
II further Hpleared on their cross-examiuati0n