The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1903-10-20
LAND FRAUDS
IN THE PLAINS
Charged by the Government Against
Two Prominent Settlers.
L. CARPENTER BOUND OVER
To Answer the hrt;o- of the Federal
Grand Jury on Charge of Perjury.
Preliminary Examination Before
Commissioner MckeoWn

me cases or Lemon Carpenter
and s. A. Foreman. charged with per-
jury. We're commenced before United
States Commissioner McKeown Fri
day morning. and with brief inter-
mission We're continued during the
night. finally being finished Saturday
morning. Although the court did
not render his decision until seven
O'Clock Saturday evening. The trial
resulted in Carpenter being bound
over to the U. S. grand jury, and the
discharge of Foreman. Carpenters
bonds We're fixed at $500 and were
Immediately furnished with J. Kar-
cher. j. B. Murphy. John Mcintosh
and Conrad Huebschmann as sure
ties. L. S. Attorney Geo H. Bailey,
of Helena. represented the govern
ment and John F. Duffy the defense.
The case against the two men
arose over the filing by Carpenter
on a piece of land near Tobacco
plains. which filing was afterward
contested by William Byrne. When
the contest case came to trial in the
local land Office Carpenter swore that
he had made improvements on the
land consisting of about so rods of
fence and a well-built substantial
cabin. besides putting about half an
acre of the land under cultivation.
Special Agent f. G. Welch investi
discovered that Carpenter had mis-
represented the situation. Although
he had made improvements for the
fence none of which had been built,
and as far as could be found. no land
had been put under cultivation. The
well-built cabin was not in evidence,
and although every portion of the
100 acres was went over no building
Of any kind could be discovered.
Shortly afterwards Carpenter was ar
rested on a charge of perjury. as was
Foreman who was his witness at the
contest trial.
When placed on the stand before
Commissioner Mckeown. Carpenter
substantially repeated his story as
at the previous trial but switched
his location of the cabin so as to
make it on a different part Of the
100 acres under dispute. He swore
that he had raised several bushels of
potatoes on the land, and in short
time would have had the fence built.
Numerous witnesses for the prosecu-
ton swOre that there were no cabin
or other improvements made on the
place and that it was practically a
wilderness. The evidence was strong
against Carpenter and the commlS-
sioner bound him over for trial at the
T. S. court in Helena.
Foreman from all the evidence
was an innocent party to the trans
action and was released. Although
ne testified at the trial in the land
office that he had staid over night in
well built cabin on the land, it was
shown that he was mistaken in the
location of the building and that in
stead of it being on the land in dis
pute it was on adjoining property
The case was the first Of the kind
ever tried in the county and attract
ed considerable attention, showing
as if does the determination of the
interior department to put a check
TO the wholesale frauds that have
been perpetrated in land offices
throughout the country. Many cases
similar to the above have come into
DuDllc nUIlCp DIT NluClSh tili1S' 49,
no action was taken, and cases OF
perjury in filing on lands became
a matter of frequent occurrence. Ihe
government has decided to put a
stop to this practice, and to this end
has stationed one or more special
agents at the land Offices whose du-
ties are to investigate such cases and
make arrests whenever conditions
warrant.
Special Agent Welch, of the local
Office has been at work in different
parts of the county for the past six
months and it is due to his efforts
that many homestead entries have
been held up.
The outcome of the trial Of Carpen-
ter will be awaited with interest, as
it is expected that more trials will
follow. If found guilty, the penalty
is from five to ten years in the pen
itentiary. The contest case brought
by Berne has not been decided as yet
but will hinge on the outcome Of the
trial at Helena.