Omaha daily bee., 1905-06-03

I had been there. About a week afterward
he asked me II l was going to fill out my
homestead right. l said l would If l was
allowed to- He said he would make it cost
me as much as he could to let me live
there.
Oner to Pay Filing Fee.
"I next saw him in July, 1904, when he
asked me to file or section for him ao-
joining my land, under the Kinkaid law,
and said he would pay all the expenses
and me to deed the land to him when
completed the proof and that he would give
me $50 to do so to boot. l refused to do
so, as it was not businessllke. 1 next saw
him at my place on July %, 1904 He said
to me, I guess we will have to fight this
thing out He then stepped up behind me
and struck me in the face. 1 turned on
him and we wrestled around a while ana
then / got on top. throwing him down and
kicked him a time or two. He asked to
be let up and promised to go down to
the house and apologize to my wife and be
my friend. l went down to the house with
him. but before we got there he said he
had stood all that he was going to and
would kill me. However, he went on to
the house and his face was in a bad shape,
he was not as pretty then as he is now, and
apologized to my wife. have had no con-
versation with him since that time"
NOIeman's Motion OverruIed.
Theodore Osborn was the witness
stand but short time Friday afternoon
The general drift of his concluding testi-
| mony was in reference to the Krauses
| driving their cattle upon his homestead by
| his corn. His cross-examination was very
! brief and ELECTED nothing of Importance
! Mr.. Noleman made the usual motion tc
have Osborn's testimony stricken from the
| record, but the motion met with the usua
! fate of being overruled.
Albert Cardwell of Alliance testified tha
| he had filed on claim inside the Kraus,
! incloseure in December 1902 and that tn,
defendants wanted him to file in there 81
that they could have the use of his lane
for pasture. The witness made the films
and the defendants told him that the!
would pay for what Improvements he mad
for the use of the land. The witness haC
three quarters of land and lived there, o
his family did. from September. 1903, unit
April, 1904 Witness said;
| II told John Krause that l didn't thinl
| l would let him have the land as l woul,
fence it myself. Later l relinquished tn
land. When l made my filing under tn
Kinkaid law, 1t was John Krause VIII
pointed out the lands to me as publ
lands and when I went to locate we passe
through a gate and he said to me, her
is your land The fence belonged to tn
Krauses. John Krause gave the none
with which to make my filing before
went on the lands. He also gave me tn
numbers. A woman whose name l do nc
remember filed about the same time He
claim was close to mine. He told me ther
was a shanty on the land, but we did nc
find 1t at first, but did find it later Th
shanty was afterwards removed from tn
land / filed on. After 1 had relinquishe
my claim John Krause wanted me to pa
him his money back"
Filed for own Use.
In his cross-examination the witness saiC
Il filed on the land for my own use an
subscribed to that statement when | file
on It. l sold the REIMBURSEMENT to job
Snoddy. l do not know that the land wa
ever reinquished back to the government
Mrs Wiker of Alliance, formerly Mis-
May Morris, testified that she had m,
John Krause in Alliance in June last; sa
him two days afterward at her home
Alliance and asked him why she could NJ
file on some land for him? Some days af
| erward she went out to the Krause ranc
with a Miss Harding and her friend an
Miss Morris ahianced husband. job
Krause gave the witness SIS to file on lar
| for him. He gave her the money in Il
dining room of his house, and continue
the Witness Il did not know about Il
law then or what / was doing. / was gon