Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-09-29

tude but is Of the same general order as
violation of the hunting laws Of u the
or wrongfully found guilty, It Is not L9 TO-.
me here to state. We were completely
surprised at the testimony offered by the
osborns, and it was not until they were
on the witness stand were we able to To-
cate them. The defendants are poor men zen
into that country poor and arc yet poor
men and are entitled to the clemency OF
They went into that inhospitable section
and stayed there, while others passed on.
They work with their own hands and by
are confined In prison it will take them
away from their work and their tamilles
equity OF this case and ask for the mercy
of the court and expect justice.
Evidence of Their Poverty.
Mr. Barker in order to show the finan-
cial circumstances of his clients, asked to
produce evidence of their poverty through
L. E. Roberts of South Omaha, who was
their financial hacker. He showed that
Mr.. Roberts held their notes amounting In
the aggregate to $4,000, of which $4,000
was secured by mortgage on their lands
and $4,000 on their cattle and implored the
court to take these facts into oonsidera-
| ton.
District Attorney Baxter, on behalf of the
government. said:
The government regards this case as
| highly important. 1t does not wish to do
Injustice to any one; but it desires that
dict has been rendered against these men
no effort has been made by the defendants
| to take down their fences. The enclosures
that existed at the time Of the trial still
exist. They have shown no contrition. In
the case Of Herman Krause there was vas moth
| ton. No case has been presented to this
court or will be presented hereafter that
than that exercised by John Krause His
crime was heinous, and the government
Se repFes .n of he COURT has Been
| recently in that country and has found that
the enclosures complained OF still exist
worst sort and the limit OF the law is none
too little punishment for him. An eX-
may be notified that this thing cannot
| continue with impunity and that sthe in
limitation of settlers on the public domain
must cease and .h9 order from this court
shall go out to this effect.
| Mr. Barker replied to Judge Baxter with
the statement: THE defendants had taken
| down their own fences, but that the only
| fences that remained were connecting
fences. This prosecution looks to me more
as a persecution against these men,"
Courts Last Words.
Judge Munger replied;
The court does not require that the de.
PENDANTS shall take down the unlawful
fences OF any one else. The fact of the
murder of Sylvester cannot be taken into
consideration at all The offense of these
men is a statutory offense perse and not
| an immoral one. The purpose of the Law
Is to preserve the public domain for the
use of actual settlers. No one has the
right to arrogate to himself the right OF
domain and control any portion of the
public lands. The law does not permit It
The humblest citizen has the same right
as the corporation. The government says
you must not fence in the public domain
II Is free TO all. The grass is free for pub
lie use, not for the use of one or two per-
sons, but for every one and every acre
of this land Is free, But for many years
large and wealthy corporations have beer
facility permitted to do this thing in viola.
ton OF the law, but that does not mitigate
against the violation of the law or con.
done IL. 1t is the duty of the department
OF justice TO see that the law is enforced
not to exercise vengeance, but to punish
further prosecution may be avoided, and In
passing sentence II will show to offenders
and all persons violating the law that II
will not be profitable 10 continue paying
fines for the privilege OF keeping their H.
legal fences up. The court has no desire
TO infict the sentence OF Imprisonment In
this case beyond what the statue imposes
What KrRuses Say.
Herman Krause said at the federal build
ing Just after sentence was pronounced
I'VE will of course pay the fine. That is tn
only thing we have to do"
John Krause is of a little more belligeren
turn and remarked later in the day:
II think after all we will appeal the cas-