Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-03-08
CONTEST OVER
BENCH LANDS
Hearing in the First Of the Noted Cas-.
es is Completed and Il is Taken
Under Amusement.
SECOND CASE is DISMISSED
Paul Remover Drops the Proceedin
Against Frank J. oblrson-restj.
mony in the First Contest.

The long drawn out nearing in the
land contest case of A. o. Robinson
against J. w. Moore was finally closed
last Friday morning, after being on
more than a week. This is the first
of what is known as tho Rock Bench
contests, and has attracted wide.
spread attention all over the Judith
basin.
During the progress OF the hearing,
several mild sensations were sprung,
and when the case was finally sub.
mitted, there went with the record as
exhibits the hangman's moose whici.
Mr.. Peregrine says he received off
the Christmas tree at Moore; a
comic" valentine with an inscription
which Mr.. Perigrine says has been
interpreted as vigalantes' warning to
him to get out; placard bearing a
very rude drawing of a skull and
cross bones, which Mr.. Kenoyer says
he found nailed to his door one morn
ing.
The real sensation in the case, how.
ever, came Friday morning just at the
conclusion of the hearing, when Hun
toOn, WOrden & Smith announced that
the next contest case, that of Paul
Kenoyer against Frank ]. Robinson,
would be dismissed. The settlers
look upon this action as victory, and
announce their belief that all of the
pending contests on the bench will
ultimately take the same course.
The Proceedings.
When the hearing was resumed
Wednesday afternoon, other witnesses
called to testify as to the desert char
acter of the bench lands generally
and the Moore tract especially were
Samuel Wolf, l.. P. Wolf and John
Clark who were positive in their
statements to that effect.
John c. Hauch, trea as:rer of the
recently formed Farmers & Ranchers
Protective organization, was called for
the purpose of showing that the Or
ganizatiOn had not been formed for
the purpose of bOycotting any individ-
ual. He identified the preamble, con-
stitution and bylaws of the associa-
ton, which were offered in evidence.
Taking up conditions on the bench,
the witness said there had been more
rain there the past two or three years
than in twenty years previous. On
cross examination, Mr.. Hauch stated
that he had heard some individuals
talk of a b0ycot, but the associa-
tion had never discussed such a thing
and was organized soly for the good
of the community and to stand for
the right.
Clyde Whitcraft testified that he
had cut grain on several of the ranch
es near the Moore place. Mr.. Pere-
grine had only 40 acres Of grain, Mr..
leveled across the Moore place and
found that the land sloped down from
the ditch from which Moore took water
with which to irrigate with the ex-
ception of one corner, which was
level.
R. H. Sweetland testified to the des-
ert character of the bench lands, and
said that the rainfall during the past
two or three years had been heavier
than ever before to his knowledge.
He had tried for years to raise small
fruits, garden truck and trees on the
bench without irrigation, but found
that 1t was impossible to do so. 1t
was his opinion that crops could not
be raised on the bench in paying guam
titles, taking one year with another.
without irrigation. He described the
bitches for irrigation on and near the
Moore place.
Mr.. Elston's Experiences.
P. c. Elston gave his experience as
a farmer on the bench. He started
In several years ago, he said. his first
experiment being on four acres Of
oats. He was able to carry. of the
entire crop in one load, and didn't
strain the horses. The total yield was
48 bushels. He then tried barley, and
sOwed 10 acres. The crop amounted
to about three or four tons of hay.
He felt encouraged, and sowed 80
acres, but the crop amounted to less
than 800 bushels. Including consider
able gravel" He next put in 35 acres
in oats, and this yielded 1000 bushels.
The next year he put in oats again,
but the crop wouldn't pay for harvest
ing, SO he cut it for hay. He then
tried 10 acres in wheat, and got 275
bushels, but it was so shriveled up
that he couldn't sell it at all. and had
to feed 1t to the chickens and pigs.
With this last experiment, Mr.. ElstOn
gave up farming on the bench. The
last two or three years, however, con-
ditiOns had been very favorable on
the bench, owing to the large amount
of moisture that had fallen.
Abraham Hogeland, former county
surveyor, gave a technical descrip-
tiOn of the ditch leading from Rock
Creek over the bench, and Mr.. Moore's
ditch for irrigatlng his tract. while w.
l.. Riggs, who assisted in this work,
gave similar testimony.
Irrigation Necessary.
c. NJ. Clary gave his experience as
q farmer on the bench. he mad rais-
ed some fair crops. he said. and some
that had proved failures. without ir-
rigation. taking one year with anotner.
he held paying crops could not De
raised there. He could raise. ne said,
IS per cent more with water than WITH
out. He had never attempted 10 raise
small fruit or vegetables without ir-
rigation. He knew Of just one tree ON
the bench, and that was raised aAone-