The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-05-11
to sign fraudulent certificate to

Major Walton said he did not think
this character of proceeding legal or
regular and that the demurrers, gen.
eral and special, shall apply to this
al ticle, as we'll as to the original arti-
Gle as we'll as to the original article.
Senator Simpson moved that this
article of impeachment be stricken
out. The motion was lost by a vote of
16 toe.
l.. S. Ross, Jr., was called to the
stand again by the state. The wit
ness testified that the application of
II. P. Haldeman was granted before
the lands in Liberty county were put
on as detached sections. Some of the
sections were detached. The applica-
lions of Coverts and others were filed
on Jan. %, the day the receipt of no.
tiee was received.
Friedenhans' applications were
filed on Jan. % and were filed by
Mccarthy for Friedenhaus. The APP
plication of d. Boaz was filed on Jan.
20 and was awarded after notice
had been received from the clerk, and
this was done by direction of John
McGaughey, chief clerk in that de-
partment. Did not make exceptions
i in favor of anybody else in the Lib
erty county lands Witness didn't
recollect how notice was received from
the clerk of Liberty county, whether
by wire or not. The notice from the
clerk of Harris county came by wire.
Didn't recollect who fled DeCordOva's
applications, which were filed Dec. 16.
The applications of Quincy and Stat
ford were both filed before notice was
sent to the county clerk, putting the
land on sale. The application of D
Boaz was filed Dec. 16, before the
clerk was notified, and on the very
Gay that the change was made and
the land put on the market. The wit
ness acting under instructions of John
McGaughey made the awards on that
day. Witness made the sales of the
lan"s in Jasper county.
, Witness assistant, Mr.. Mckay,
, made the examination as to whether
lands were on the market and the
/ prices and reported to him. The
! classifications of these lands showing
the prices formerly held and the
prices as they were sold at under the
commissioner were submitted in evi.
, denco. The prices were all lower
than the lands had been held under
the classification of 1888.
This document showed that these
lands were sold to various mill com
, panies in East Texas and the county
clerk notified that the land was on the
, market, generally on the same day
! the sale was made at the land office
so that the people of the county could
not have known the land was on the
, market until the land was sold. These
lands were sold at o total reduction o
Isle. $50. Witness did not know thai
q D. Call acted as agent for the pur
chase of these lands, but knew tbat
! Call bought some for himself. FearC
: Call endeavoring to get Phelps to re
I duce his classification. Witness die
not know of his own knowledge tina
Call made any presents to Phelps. He
anew from the records that Commits
, sioner r. M. Hill sold land in fifty OF
sixty counties similar to those sold il
+ Harris and Liberty counties. Ran
dolph Laurence was at that time chic
+ of the school land department.
Cross examination-Witn knew
that there were fifty or more countie
! in which lands of this character wert
put on the market. 1t was generally
understood that all lands were on thu
market to actual settlers without any
: special instructions ON this point.
The counsel for defense here OBJ
f ected to the compilation Of the CLASH
fcation of the Jasper county land
a | and asked for the original records.
- -. oolI Not ha NIL 10 int
, was admissible as evidence whei
properly certified to by the acting
a land commissioner.
A comparison of the compilation O
the classification of the Jasper county
, lands with the records showed tina
. ia some instances the price of the
, timber was lowered and the lanl
o raised, and in some both lane
= and timber were lowered in prices
In there classfications the land was
q raised. and the timber lowered, anC
only the timber was sold at the tim,
4 the prices were changed by reclassifi
= cation.
: Cross examination-All these salel
. were made regularly. Witness didn'
= know why these reclassifleations were
, made. The cross examination wal
: conducted at some length, the object
- of the counsel for the defense seeming
/, ly being to show that, although these
lands and timber had been on the
market for many years, there were nj
y applicants until the new classification
Witness said he knew Of no collusior
in regard to these sales. Mr.. Kelli'
was county surveyor of Jasper county
ri and state plaEEifiar
, The state submitted letter from E
r j. Kellie, saying that at the request o
the Beaumont Lumber company he
had examined certain sections anr
recommended that the classification HI
reduced some of it to So per acre, and
some to So. The writer said he had
/ been paid S. per day by the parties
who wanted to buy the land, for ex
amiuing the same.
Randolph Laurence, chief clerk In
treasury department, was called by
the state He testified that he was
chief clerk under r. M. Hall in the
| school land department of the land
office. The method of the office was
! that in the old organized counties
those organized prior TO 1875, where
/ the lands were not fit for grazing or
: agricultural purposes, were put on the