Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-24
LAND FENCERS WEEP In COURT
Tive Prominent Men Who Confess to Fraud
in St. Paul Break Down.
BOTH ARE SENTENCED TO PRIsoNAND FINE
one. n Former County Judge, Gets
Year and SIX Months an Peni-
Tertiary and Fine of
Thousand Dollars.

A scene and a confession occurred in
the United States circuit court at st.
Paul one day this week. in connection
with land frauds, that will be of inter-
est in Nebraska at this time, when the
Richards and Comstock cases fresh
in mind. Both of the offenders, who were
convicted at ST. Paul, had been held In
high respect in the section where they
resided.
The men up for sentence before Judge
Amidon at St. Paul were Royal p. Stearns
and william T. Horsnell, who had been
found guilty by jury of conspring to de-
fraud the government by securing posses
sion Of homestead lands In South Dakota
through Misrepresentation.
Numerous witnesses testified to signing
applications in 81. Paul which they never
saw again. They were told, they said,
that they were to get 500 for signing the
papers, and that their expenses for two
trips to South Dakota would be betrayed.
When asked IL he had anything to say
why sentence should not be passed stearns
said:
what I have to say, your honor, can
be said in a very few words. II is this:
Soon after l was arrested in this matter
! came to st. Paul and with two of my
friends went to see the district attorney.
At no time would have not been willing
TO plead guilty to having fenced these
lands for pasture. 1 never tried to get
the lands for any other purpose. Sixty
other men who have been doing the same
thing that / have been doing have come
before the district attorneys Office and
have been allowed TO go free.
Score. Government omciaIs.
Special Agent Moore has made reports
to the land commissioner that he knew
20 be false, and the government officials
all through South Dakota have been hood
winking the government in matters of this
sort
I'm South Dakota county Judges, county
attorneys and clerks of the county courts
have been for years signing papers that
they have known to have been false and
worthless. and this sort of thing has been
going on for years. l myself once had
the honor to be elected county Judge"
Here Stearns broke down and wept bit
terly, being unable TO 60 on with the re-
marks.
With an effort he managed to control
his feelings and continue his remarks.
yet never while 1 was in the position
did ever sign a false paper for any of
the many people who came daily to my
Office in order to induce me to do so.
Down there, your honor. II has been gen.
orally believed for years that there was
no harm In doing these things. Everybody
did them and nobody thought anything
about It."
stearns finished speaking and stood be-
fore the Judge with bowed head, tears
flowing from his eyes.
Court IL Moved.
Judge Amidon moved some papers on his
desk and looked over at the clock.
Mr.. Stearns how old are your" asked
Judge Amidon.
Il am So years DID," replied Stearns.
Have you any children" said the court.
Il have one daughter % years old, and a
wife," was the reply.
1T is q sad duty that falls to me to be
obliged to sentence you." began the Judge.
but something must be done by way of an
example. There is no doubt that much that
you say regarding the unlawful and wicked
practice in that part of the country is true.
You are the most guilty in this case and l
sentence you to serve one year and six
months in the Minnesota state prison at
saltwater, and pay q fine of $1,000"
Stearns walked slowly back to his seat
beside his attorney and sat down.
HorsneII Also weeps.
Judge Amidon called tho name OF William
T. Horsnell. and a tall. dark man walked
before the bar and stood facing the Judge
Have you anything to say" asked
Judge Amidon.
Nothing except what has been said for
me-" was the reply in q low voice. and sud
denly Horsnell began to weep bitterly.
II am 80 years old and have one daugh-
ter" he said between his sobs MY wife
is dead"
He leaned his head down upon the desk
In front OF him and wept aloud
You are the lesser offender in this case,
said Judge Amidon. but you are not alto.
gether free. Therefore / sentence you e
serve six months in the Ramsey county jai
and fine OF $500"
REn ne TIE MikHkph pINCD