The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1905-04-04
PERJURY AND CONSPIRACY
Number of Senatorial Charges Made
In Noted Land Case Are
Sustained.
h rom Mondays Daily.

| 1t took the jury many hours to. ar
rive at conclusion, but wne1 its re-
Port was finally submitted majority
oi the findings were favorable to the
defendant, and the famous case OF
I<ennedy VS.. Dickie had as sumed a
new form. The original plaintiff is
dead, but his widow and administra-
trix, Catherine Kennedy, has been
substituted. AS is known the contro-
versy involves the right to a parcel
OF land a few miles east Of the city
and has been before the courts and
in the land department of the govern
ment for number OF years. Ken
e.'y was granted a patent to the land,
but Dickie has always maintained that
it was secured through fraud and
that he was the person rightfully en-
titled to possession and ownership.
While title rests with the Kennedy es-
tate, Dickie is in possession of the
property and refuses ito vacate.
When The matter now decided came
up for hearing Dickie had to make
the opening presentation of the case,
as the burden OF proof rested upon
him. A long answer to plaintiffs
complaint was read and a number OF
witnesses were examined in behalf OF
defendant. Then followed the plain
| tiff.
The jury was asked to make re-
turns on IL findings. AS already stat
ed, majority were favorable to the
defendant Among otner things it
was found that in the contest before
the land office at Bozeman Kennedy
had prevented witnesses from testi-
flying in behalf of Dickie by causing
their arrest and Imprisonment; that
he had conspired with others to de-
fraud Dicl6le and that Kennedy had
committed perjury while giving his
testimony during that contest.
To Adopt Findings.
This morning defendants attorney
entered a formal motion for adoption
by the court of the findings of the
jury. The motion was resisted by
counsel for plaintiff on the ground
that the testimony was insufficient to
substantiate them. 1t was also charg-
ed that Dickie had failed to show rea-
sonable diligence and effort to secure
attendance of the witnesses whom it
is alleged Kennedy prevented from
testifying at the original contest in
the land office.
Verdict for Harmon.
Hearing of the case of Link Ham
non VS.. the Hidden Canyon Gold Min
Ing company was taken UP last Satur-
day. AS many of the regular panel
were out in the Kennedy-Dickie mat
ter, it was necessary to issue a spec
ial venMe. Returns were made on
this and the following jury was
sworn: R. H. Downing, Edward
O'Donnell, D. ]. Hogan, E. L. Hun
kins, F. D. Mccormick, R. A. Marsh,
H. G. Hendrickson, Adolph Depping,
T. A. Wattenpaugh, H. K, Fish, R. B.
Platt and j. D. Brown.
After all the testimony had been
heard the matter was continued until
8 o'clock this morning Subsequently
it was decided to resume it at 1880
o'clock in the evening. The jurors
having been excused until the hour
liked earlier, H. G. Hendrickson could
not be found. BY consent 1t was de-
cided to try the matter to II jurors.
A verdict was returned for plaintiff
in the sum of $30665.
Was Quickly Tried.
A divorce case occupied the atten'
ton of the court this morning. Al
though a jury was empaneled, the
matter was quickly disposed of, as
only one witness, the plaintiff, was
examined.
The action was that of Melissa J.
Merrill VS.. Charles E. Merrill, and
was promising of some decidedly sen
sational and racy developments
which failed of naturalization, how
ever because of the absence OF any
defense.
In the complaint 1t Is alleged tina
the plaintiff and defendant intermar