Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-03-01
BENCH LANDS
CONTROVERSY
First Case Comes on for Hearing, and
Intense Interest 10 Taken in the
Proceedings.
DISTRICT COURT ROOM CROWDED.
Charles z. Peregrine Says He Was
Presented With = Hangman's Moose
What Mr.. kunnoyer Got.

The hearing in the nost important
land contest ever brought in Fergus
county, and one of the most important
ever brought in the state. was begun
before the register and receiver on
Thursday. The particular action is
that of A. H. Robinson against John
w. Moore, involving desert land en-
try No. 1900, and it is the first of the
Rock creek bench cases to come to
trial. AS all of the contests are brought
ON practically the same grounds-that
the land is non-desert in character, and
will raise profitable crops without ir-
rigation-intense interest is taken in
the result by all the settlers on the
bench, where very large acreage of
land is likely to be involved in the
controversy.
Some idea of the interest taken in
the proceedings may be gathered from
the fact that when the hearing began,
the district court room, which has
been secured for the trial. was crowd
ed with spectators, most of whom
seemed as much concerned as Mr..
Moore himself.
Among those present were members
of committee representing the SET
tiers on the bench, who have formed
a mutual protective association to fight
these contests.
Other portions of the Judith Basin
were also represented. and it is quite
evident that the contest has created
a strong interest all over the county.
Huntoon, Worden & Smith appeared
for the contestant, while Rudolph Won
Tobel and David Hilger represented
the claimant. Owing to the number
of witnesses to be heard, the interests
at stake and the desire to expedite
the matter. it was decided to hold night
sessions as we'll as during the day
whenever possible.
Nothing Dry About This.
A land contest is, ordinarily, about
the dryest proceeding imaginable. But
there is nothing dry about this hear
ing. The immense crowd of specta-
tors is, in itself, enough to add in
terest to the trial, and in addition
there are constant clashes between
counsel, with frequent interferences
by the register in order to save time,
and keep the record down. Then, too.
the testimony given by at least two of
the witnesses, has been decidedly out
of the ordinary. These two are Messrs.
Perregrine and KunnOyer, who are
looked upon by the settlers as being
responsible for all the trouble" as
one of the attorneys put it. Three OF
the exhibits. too, have been out OF the
ordinary. One of these is hang
mans moose, which Mr.. Perregrine
says was presented to him of the
Christmas tree at Moore, and another
is placard with drawing of 4 skull
and cross bones, which Mr.. Kunnoyer
says was nailed to his door few
nights ago. The benchers refuse to
take these things seriously.
AS might be expected, the testimony
as to the character of the land, so Tar
as the main witnesses is concerned.
conflicts about as strongly as testi'
mony can conflict. Those upon whom
the contestant chiefly relies say posi-
lively that it is not desert, while the
| witnesses for the claimant, many OF
whom have been familiar with the
land for upwards of 25 years, assert
with the greatest emphasis, that 1t Is.
The contestant rested yesterday az
ternoon, and after motion for non
suit had been denied, the claimant
commenced putting in testimony, and
it is likely that the case will be sub
mitted at tomorrow mornings session
In that event, another contest, involv
ing precisely the same issues, Will
come on for hearing.
| Contestant on the Stand.
| The contestant, A. H. Robinson, was
the first witness of importance called
He is only % years of age, and looks
even younger. 1t cannot be said thai
he made a good witness for himself
due largely to the length of time ne
took in answering many of the ques
tions. On some of the interrogations
which appeared to be OF simple
character, he made not the slightes
sign of a reply for fully five minutes
yet he appeared to be frankly tryiEs
to present the actual facts, withou
coloring them to his own advantage
He testified that he had lived nea
Mr.. Moore's land on the bench, les
than nine months. The Moore deser
entry was not. in his opinion, deser
land. He had seen a crop raised there
and it looked to him like a growing
crop. He had seen this crop, the las
one raised there, several times froIl
the road, and SO far as he could OF
serve, no irrigation was done. Their
was ditch across the land, and som
water in it, but nothing that indicates
what he would call irrigation. H
saw the straw stack after the Gro
. had been harvested, and this indicai
ed a good crop. He was Influenced Il
. bringing the contest by the appeal
ance of the crop.
On cross-examination. Mr.. Robinso
said he came to Montana from Ind
ana, and stopped two months In tn
Gallatin valley before coming on
Fergus county. He had never actua
" been ON the Moore land at all. bu
made his observations from the roa'
He knew from the appearance OF som
of the land. close to the road. that
| i had not been irrigated. but as to th
/ rest Of 1t he could not Say. Excel
as he saw 1t growing. He could NJ
tell as to the amount of the crop raj
HaA a