Omaha daily bee., 1905-06-08
KRAUSE ADMITS THE KILLING
oattlemah on Witness Stand Says He Shot
in eelf-Defense.
TESTIMONY OF CASE IS ALL IN
Argument IL in Progress and
Jury, IT is Thought, VIII
Get the Case on
Thursday.
srlMoNY OF CASE is ALL IN

On the witness stand in the federal court,
where he and his brother. Herman, are
being tried on an indictment for illegally
fencing government land, John Krause, the
Sheridan county cattleman, admitted hav-
ing shot and killed Nathaniel Sylvester, a
settler and admitted, too, that the shoot
ing grew out of dispute over a fence.
Did you not, in 1895, shoot and kill one
Nathaniel Sylvester?' asked Attorney Rush
for the government.
Before the defendant could answer his
counsel strenuously objected to the ques-
tion. but the objection was overruled and
Krause replied
Yes, / shot him, but It was in self
defense. He shot at me first and then
shot him. Yes, ] shot him in the back"
The affair came abruptly and created
quite a stir in the court room.
The testimony In the case was concluded
at II o'clock Wednesday morning and Dis
trict Attorney Baxter occupied the re-
mainder of the forenoon in his argument.
He said In effect that the government had
clearly proven its case, that the defendants
had a large area of public land under fence
on August 1. 1903 and that they still had
some of the public domain under fence as
shown by the testimony of innumeratle
witnesses. 1t was further shown by the
government witnesses that the fences in
question were maintained and kept in re-
pair by the defendants; that they had en-
deavored to keep settlers from locating in
that section, had frequent troubles with the
settlers for that very reason and, in fact,
all of their troubles grew out of their
efforts to discourage settlers from taking
up lands in the locality of their ranges.
Baxter Concludes Argument.
Judge Baxter concluded his argument at
noon and an adjournment was taken until
o'clock when Attorney c. c. Barker
opened for the defense, to be followed by
Attorney Noleman, the two occupying the
entire afternoon. Special District Attor-
ney Rush will conclude the argument for
the government.
The trial of the case opened Wednesday
morning, with John Krause still on the
stand. In his cross-examination he con-
ceded that his cattle had ranged over much
of the land included in the indictments
townships 25 and 26, in range 46, and in
townships 5 and 26, in range 45. He ad-
mitted that all of the land in those town
ships was not decided and that they had
not acquired much decided land aside from
what they already owned, 10000 acres, and
the four school sections they had under
lease since 1903. He described the many
gates along their fence lines as consisting
of posts twelve or fifteen feet high, over
the tops of which were stretched wires,
the gates proper being generally of barbed
wire. He admitted further to having
talked with Special Agent DeFrees of the
land department, but alleged that he did
not have any government land fenced, as
he had taken all such fences down as he
had been ordered to do by Special Agent
Colonel Mosby when he was In the country
in 1902. He also admitted that he had used
some OF the fence again, but only on
decided land. He denied having all of his
range under fence.
Barker's Plea for Krauses.
Attorney C. c. Barker began the argu-
ment for the defense at 2 o'clock Wednes-
day afternoon and spoke forty minutes. The
gist of his argument was that the govern
Inent had failed to make a case ana that
abundant testimony had been produced by
the defense that many of the fences alleged
to belong to or under control of the Krause
brothers belonged to other parties. He held
that whatever public lands the defendants
may have at one time had under fence
were removed as directed by the govern
ment before August 1, 1903. He insisted
that whatever lands the Krauses had under
fence were decided lands and that the range
said to be controlled by the Krauses was
at all times a public range, free of acces:
to the public.
NOleman Criticises Mrs. Osborn.
Attorney l.. c. Noleman began his ar
gument for the defense at 2:40. The first
part of his address was directed particu-
larly to the witness, Mrs. Bessie Osborn,
whom he characterized as a marvel of in
telligence. genius and information regarding
land matters He attributed her interest in
the case to malice and enmity toward the
Krause brothers because of dispute over
a reservoir site adjacent to the homestead
of the Osborns. He entered a general de
NAL of sufficient evidence being produced
by the governments fourteen witnesses tc
show that the Krauses had fenced any pub
lie lands or that they had in any way in
terfered with the settling of the country
but had on the other hand been the friend
of the settlers and homesteaders by build
ing a reservoir for public use and which
the public did use. He maintained further
that the Krause brothers had not OBJ.
structed the highways nor had they pre-
vented by fencing or otherwise free acces
20 the country comprised in their allege,
enclosure. Mr. Noleman continued hi
argument until 45O p m.
The court announced as the hour 70
adjournment had now about arrived al
adjournment would he taken until Thursda-