Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-03-01
BENCH LANDS
CONTROVERSY
Continued from page one.)

settlers there. He took up a home
stead, and without artificial irrigation
raised in 1897 Is bushels of sprin!
wheat per acre; in 1900 he raised 4
bushels of fall wheat per acre; in 1870
he raised 20 bushels of spring whea
per acre; in 1902 he raised 23Es bush
els of spring wheat per acre; in 1870
he raised AZ bushels of fall wheat pc
acre. The last year. he said, was thu
dryest one he had known on the bench
MoOre's desert claim was about twt
| miles from witness land, and, in hi:
opinion, that desert claim was abou
| the same in general character as the
| land in the vicinity. The soil on hi:
own place was from eight inches r
six feet deep. In sinking well ne
| got water at a depth of 80 feet. He
had the choice of pretty much the
| whole bench when he went there, ant
selected his place because it was the
easiest one to get water. He did no
believe the grass on the Moore place
would pay for the cutting.
Brother of the Contestant.
Clarence Robinson, a brother Of the
contestant said that he had lived
on the bench four years, having taker
up a homestead. The Moore desert
claim, he said. was of the same gen
eral character as the land surround
ing it. In making this statement, he
took into the consideration the grass
the crops raised and the appearance
of the soil. There were two bitches
on the Moroe land, coming in from
the east, and he had seen two later
ais there, but they were too short, In
his OPT. ion, to irrigate the tract. He
had seen the crops on the Moore tract
during the past three years, and con-
sidered the one last season fair one.
The witness raised is bushels of spring
wheat on his homestead last year, and
thought the crop on the Moore tract
was about the same.
On cross-examination, the witness
said he had never reclaimed any des-
ert land, but had done some irrigatinS
when in the Gallatin valley. His opin-
was not irrigated.
A. w. Osborne, who lives two miles
from Moore's place, said that without
irrigation he had raised IS bushels of
spring wheat to the acre, 81 bushels OF
fall wheat and 33 bushels of oats in
1904; in 1903. he raised 40 bushels of
oats TO the acre; in 1902, he raised 70
bushels of spring wheat to the acre.
His crops had been oi fair quality
each year, and he considered them
paying ones. The soil on the Moore
tract looked like the soil on the sur
rounding places. He saw no bitches
on Moore's desert claim in 1902. when
it produced 26 bushels of fall wheat to
the acre.
J. w. Stapleton testified that he
had farmed the Coffman place, about
two miles from MOore's desert claim,
in 1903. He raised 20 bushels of wheat
to the acre without irrigation. The
Coffman land and that of Moore had
the appearance of being the same. He
took up desert claim on the bench
once, but afterwards released it, and
his son soon homesteaded it.
An Important Witness.
Paul f. KennOyer, one of the most
conspicuous figures in the contests,
was the next witness, and there was
quite furry when he took the stand
He said he had lived at Moore about
a year, and saw growing crops on
ed to be a fair crop and was filling
well. He went on the land twice and
after the crop had been matured, saw
a few short laterals. They had been
plowed across the field short dis.
lance. There was no water in them
and he did not think there had ever
been. If the ]aterals had been used
they would only irrigate about one
acre of land anyway, and this only
when the water had ueen run into
them under the most favorable condi.
tons. On cross-eXamination, the wit
ness stated that he was carpenter
and from Nebraska. He went on the
land in company with Mr.. Peregrine
and went expressly for the purpose OF
making an examination with a view
to contesting. When asked for dates
and measurements, the witness again
caused a stir by bringing out a note
book, with the data he had compiled
at the time of his visits, and Mr.. Won
Tobels wrath was stirred. rs the
Peregrine you refer to the man who
is responsible for stirring up all this
trouble?' he exclaimed.
This was objected to by Attorneys
Worden and Smith. and Register Bras,
sey sustained it. saying that Mr.. Per.
egrine's character was not in the case
Mr.. Won TObel: 81 don't think he
has any character to bring in
The register again admonished the
attorneys for the entryulan not to load
up the record with matters outside OF
the case, and threatened that unless
1t was abstained from, he would re
quire their client to put up some
money to secure the cost of the testi
mOny.
Mr.. Worden then took his witness
in hand again, and asked if he had
been subjected to any intimidation.
Skull and Cross Bones.
In reply Mr.. Remover said there
had been some intimi,lating talk
and" he concluded, Il found this on
my door Tuesday morning." He then
produced packard, which appeared
to be the pasteboard lid of box. In
the center Of it appeared a very rude
ly drawn skull and cross bones, and
underneath it the word beware"
County Recorder F. J. Hazen was
called and presented list of the