Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-09-29
KRAUSE BROTHERS ARE FINED
First oattlsmen Convicted Under Fence
Law Get Their Sentence.
THIRTEEN HUNDRED BESIDE the COSTS
Latter Amount 60 over Eleven Hun
dred DoIIars-ExampIe Made
of Case for Rest
of Rangers.

Aha AllsN NouNlNAlun uuANE NllN boNNAa~
ments new fence law has been secured.
Judge Munger Thursday morning over
ruled the motion for a new trial in the
case Of the Krause brothers, convicted at
the May term of the United States district
court Of Illegally fencing public land and
intimidating settlers. Sentence was then
passed on the accused, in which John
Krause was required to pay a fine OF $500,
pay one-half the costs Of the suit and be
Imprisoned in the custody Of the United
states marshal for twenty-four hours.
Herman Krause was fined $500 and one
half the costs of suit and sentenced to
similar imprisonment. Both were to be
confined in the Douglas county Jail until
the costs and fine were paid. Ten days
were given the accused in which to raise
the money for their fines and sentence was
suspended in the interim. However. the
accused made arrangements to pay the
fine and costs at once The costs will
amount in the aggregate 70 tl,17b.
Review of the Case.
John and Herman Krause, brothers and
the leading cattlemen Of Sheridan county,
were indicted at the November Os03 term
Of the federal grand jury Of illegally fenc-
ing approximately 10000 acres of public
lands in Sheridan county, adjoining their
personal property of a similar area in Box
Butte county. Additional indictments were
found against them at the May Q9O5 term,
Of the federal grand jury and their trial
on the combined indictments began during
the Ma G9O5) term of the United States
district court The trial occupied several
weeks, the Krauses being defended by l.
c. Noleman and c. c. Barker of Alliance
and the prosecution was conducted by
United States District Attorney Baxter
assisted by Assistant Attorney Lane and
Special Attorney Rush.
The trial attracted general interest all
over the country, being the first attempt
of the government to institute criminal
proceeding for the violation of the anti
fencing laws. 1t was full of sensational
features and was bitterly contested.
~ OsbOrns Chief witnesses.
The governments chief witnesses were
Mr.. and Mrs. Theodore Osborn, who were
homesteaders within the alleged illegal
fence enclosures of the Krause brothers.
Mrs. Osborn developed into witness of
remarkable astuteness and demonstrated
an acquaintance with the fence lines Of the
accused that was remarkable. She had
made a complete circuit of the alleged IL
legal fence lines and offhand gave the loca-
tons OF the fences according to quarter,
4 section, township and range lines that as
Wounded not only the court, but the at
torneys for the defense.
Upward OF fifty witnesses were examined
In the trial on both sides and during
the entire proceedings the court room was
crowded. many OF the spectators being cat
tie men from different parts Of this state
and South Dakota and Wyoming. Wit
nesses also were present from Washington,
as 1t was the intention of the govern
ment to make this a test case.
The evidence OF the Osborns was corrobo-
a1 NV ntbar witnesses a N
the fact Of intimidation and illegal fences.
and the result was the conviction of John
Krause of Intimidation and Illegally con-
strdetftga ana maintaining illegal fences,
while Herman Krause was found not guilty
of intimidation. but guilty of constructing
and maintaining Illegal fences.
Motion for New Trial.
The attorneys for the defense at once
gave notice that they would file a motion
for a new trial and this motion was filed
few weeks later. The argument on the
motion for a new trial was made early
in September. The contention of the de-
PENDANTS was that during the trial an eff
fort had been made by the government to
show that John KEause had once shot and
killed one Sylvester over fence line trou-
BILE some years previously, but was &C
quilted OF crime on the ground that the
killing was done in self-defense. A further
attempt was made to question the reliab-
!lity OF the Osborns as witnesses and an i'm
PARCHMENT of their evidence was attempted
the argument. This constituted the gen.
cal ground for asking new trial
W The government contested the motion
~ new trial on the ground that the time
and place 10 essay an impeachment of the
testimony of the Osborns was during the
trial and not after conviction had beer
secured; also that even with the elimination
of the testimony of the Osborns. there wai
sufficient corroborative evidence 10 warrant
the verdict OF the Jury.
Judge MuaEer's Address.
In summing up the argument of counse
for new trial, Judge Munger said, in eff
feet, Thursday morning:
The admission of the testimony in thu
case OF the Sylvester homicide was un
warranted, Il having no bearing on th'
case and the jury was instructed to no
take Il into consideration, and that part O
the testimony was stricken from the record
There was no effort during the trial to i'm
peach the testimony OF the Osborns, no
was their eredibility questioned at tina
time. For this reason the bill OF exceptions
and motion for a new trial Is overruled.
Judge Munger then asked:
John and Herman Krause have yo'
anything to say why sentence should no
be passed upon your
Attorney c, c. Barker. in behalf Of tn
accused, said,
Your honor, the defendants have beel
found guilty OF bat q statutory offens
which does not invOIve any moral turpl