The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-05-10
O'NEIL SWORN IN
TRESPASS CASE
SENSATIONALEVI AGAINST
COMMONWEALTH COMPANY.
Scaler Appointed by Commissioner
Jones Found that Eight Million Feet
from the ReseIvation-Fraud First
Charged by the Indians.
Special to The Journal.

Dpeclul 70 Inc journal.
Fergus Falls, Mimi, May 10-The testi-
mony in the government suit against the
Commonwealth Lumber company was de-
cidedly sensational. Frank Martin, an In
dian, told of working in the company's
camps and being directed by the foreman
60 cut green timber as we'll as dry. Cap
tain O'Neil on the strength of whose re-
port the suit was brought was then
placed on the stand.
The captain is an ex-senator from
Wisconsin, and his appointment as scaler
in the present instance came about in a
rather unusual manner. The Common
wealth company had made various con-
tracts with the government to cut the
dead and down timber on the reservation
and Captain Mercer, the government
agent in charge of the reservation, was
directed, under the terms of the contracts,
to appoint sealers who would act as gov
eminent representatives and keep accu-
rate measurements of the timber cut.
The company was to pay $3.50 thousand
for this dead timber. whereas the gov-
eminent in it's complaint alleges that the
green timber was worth from Sill to SIS
thousand.
-.'--. Indians Complained
The scalers appointed by Captain Mer-
Ger made their report in due season, and
found everything correct, but the In
dams, who expected to fall heir to part Of
the proceeds of the sale of the pine, pro-
tested vigorously asserting that the COM
pany had stripped the land of the best
of the green timber. They became 50
thoroly aroused that they refused to al
low the timber to be moved, and to sat
isfy them Superintendent Sullivan, the
logging superintendent of the reservation,
made a reScale. a- a. -
Sullivans scalers than they had for those
appointed by Captain Mercer and sue
eeeded in holding up the logs until they
could communicate with Indian Commits
sioner Jones at Washington.
Mr.. Jones took notice Of their COM
plant, and appointed Captain O'Neil, who
had been a lumberman for twenty-five
years, to go over the land, and scale the
green timber.
O'NelI a Good Witness
Captain O'Neil selected a crew Of men
In whom he had confidence, and his tes-
timony to-day indicated that lie did thoro
work. He followed the customary method.
measuring the stumps of the trees cut.
and deciding from their tops and the APP
pearance of the stumps, whether had been
green or dead. He gave figures showing
the cut In the various camps of the com
pany. and testified that he and his nspn
found that 5000, 900 feet Of green tinSBcr
had been taken from the reservaticS. He
also testified that the timber TAKEN was
some of the finest he had ever seen. He
made capital witness.
He was followed by F. L. Hampton, a
lumberman from Ada, who testified as to
the value of timber, and by James
OGara, one Of his scalers who corrobo-
rated what he had said regarding the re-
scale. sa, ,.- .-,.- "-'.'
+ ; Fertile Merchant 4 Bankrupt. r.
Halvor A. Huseth, merchant of Fer
tile filed a petition in bankruptcy, placing
his assets at S2,475.95, of which 1852 is
exempt, and his liabilities at $2,359.3 IS
The Kildal Fish company and Schlitct
Shoe company OF st. Paul, and the Ring
rose Pickle company Of Minneapolis arr
his twin city creditors. Creditors Of Ear
L.. Mccullough of Wheaton, Mimi, als'
filed a petition, asking that he be ad
Judged a bankrupt. They alege that HI
has recently disposed of his stock o
drugs to Gust Evander and Oscar Rydell
A letter was received from Andrew
Carnegie to-day to the effect that tn
money for the library building here /
available, and can be secured as fast
required for the contractor. The grading
of the site has begun
old and respected citizen. was buried yesterda!
Old age was the cause of his death-The Lutht
College Glee Club of DEBORAH. Iowa. entertaine
high school ball team defeated the Caledon
high school team by score OF D to To-
MoNTRosE, MINN.-The G. A. R., NJ.
A.. II. n. A.. NJ. B. A. and I. 0. o. F.. will o
serve Memorial Day, Committees have been a
pointed by all the orders and appropriate pr
grams will be presented.-A petition was pr
sented to the village council Tor cement sldewa
for the entire length of Buffalo avenue.
HARMONY, MINN.-John Rice one of the oil
est settlers in Fillmore county, died at the a
vaneed age of 90.-The new state bank ope
for business June l. 1t. will be one Of t
strongest financial institutions in southern Mi
nesota--Pupils of the schools will present
cantata on Friday, this week ..
MANKATO, MINN.--Mrs. Herbert Van Wink
was caught by the rapid spreading of fire in h
home from exploding kerosene heater IL
was taken from n balcony by the fremen. Mr.
L. P. Crandall was severely burned. Mrs. V,
Wrinkle lost everything in the house.
ST. CLOUD, MINN.-Mrs. Bertkelp of Mai
Prairie "hrown from buggy by &C
Hsion with street car and received injuri
from which she died while on the way to t
hospital. Another woman with her III the bug.
was unhar ned.