Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1905-02-28
Hearing of the Controversy Over
Rock Greek Bench Land in Pro-
QreSS at the Court House.
MANY WITNESSES ARE CALLED.
Contestant Offers Testimony to
Show That the Lands are Non
Desert in Character.

The court room of the Tenth ju-
dicial district was comfortably filled
last Thursday when the contest case
Of a. H. Robinson vs.. j. w. Moore,
involving desert land entry No. 1900
was called for hearing. Owing to the
large number of witnesses and the
general interest which the first Of a
number of such cases has excited, the
register and receiver found it necces-
sary to leave their crowded offices on
Fifth avenue for the court room.
Never in the history of this land
district has contest of such far
reaching Importance come before the
land officials for hearing. The decis-
ion will have an effect not only upon
scores of settlers on the gteat Rock
creek bench but it may influence set
tiers in all other parts Of the county
where lands have been taken up un-
der the desert act. Much of the land
Of the Rock creek bench has been
filed on as desert land and those who
made such filings never thought of
being disturbed in the possession of
their lands until a few months ago,
when rumors of contests became rife
all over the bench. When the con-
tests were actually filed, large num-
Der Of the land owners of the bench
and adjoining country met in Moore
and formed protective organization
designed to put forth concerted op-
position to the contestants.
The matter has created much feel
ing among the people of the Rock
creek bench and all of the cases will
be fought to the bitter end. The
contests are brought on the ground
that the lands taken up as desert
will raise crop without artificial ir-
rigation and is, Therefore, non-desert
in character.
Huntoon, Worden & Smith are the
attorneys for the contestant Robin
son, and Hilger & Busenburg and r.
Won Tobel are the attorneys for the
conteStee. Eleven witnesses were
called upon to testify Thursday and
Friday and each was compelled to
submit to a most rigid cross exami-
nation.
The first and most important wit
ness was A. M. Robinson, the con-
testant. He used the utmost deliber-
alton III testifying and never answered
a question until he had thoroughly
understood it. His testimony was to
the effect that he had lived near the
ranch of Moore and had first
class opportunity to examine the land
as to its fertility and as to the am
cunt Of artificial irrigation done by
the entryman. He had never been on
the land, but from the road had seen
the crop and could tell as to the ir-
rigation. He was unable to tell the
size of the crop raised but was so fav-
orably impressed with it that he de-
cided to bring the contest. Nothing
else Influenced him in bringing the
Robinson came from Indiana
and is but % years Of age.
Otto Wasmansdorff, county sur.
veyor, was called to the stand to iden-
tify a map of the land being con-
tested, which was offered in testi-
mony.
Clyde Grove testified that he had
raised good crops on his homestead
which adjoins Moore's desert, could
raise good crop every two years by
following summer following.
John CASTOR said that ne had
settled on the bench eight years ago
md could raise good crops, and had
'aised two good crops in three years.
Knew nothing of Moor's desert claim.
;. L. Saylor testified that he had
'aised Is bushels of wheat per acre on
Moor's desert claim. Did not con-
'ider the crop paying one, said it
would cost from $6 to SO per acre to
.aise crop, the rancher's time not
being counted.
William Cummings testified to hav-
ng raised Is bushels of wheat per
lcre on his homestead without arti-
lcial irrigation. In 1900 he raised 4s
bushels OF fall wheat per acre. Soil is
rom eight inches to six feet in depth. |