The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-13
BILBYS ON TRIAL,
Wealthy Missouri Cattlemen Be-
fore q. S. Court.
Charged With Perpetrating
Land Frauds in Kansas.
WITNESSES ARE SHAkY
Dodge Question Of Making False
Oaths.
Admit Being Taken Out to Scott
County.
Their Expenses and Entry Fees
We're Ali Paid.
WITNESSES ARE SHAKY

The Bilbys drew FIRST blood today in
the United states district court where
they are on trial for subornation OIL
perjury in connection with alleged
Kansas land frauds.
The testimony Of three of the gov
ernments strongest witnesses was bad
~ riddIed. when the defense forced
from them an admission or confession
in some shape OF other, that even
though their expenses were paid to go
look at and file on the land by one of
Bnby's employees, it was their individ-
ual personal intention to prove up the
land as their own and then sell it if
possible. All three made unqualified
statements to the effect that none OF
the defendants had suggested that they
make false adidayits, and all three de-
clared upon oath that they had no in
tention at any time of swearing to a
false oath of entry.
Since the issue upon which the de-
PENDANTS are being tried is for subOrna-
ti0n of perjury solely, the matter of
how, under what influence. and with
what intention, those alleged to have
been suborned swore to their af-
fidavits of entry, is entirely vital, and
will carry with it practically the entire
settlement of the case.
John E. Bilby, Lewis C. jenkins and
James H. Drain were twice indicted by
federal grand juries for subornation of
perjury in that they induced persons
TO go from Missouri into Logan county
Kansas. and there make fraudulent
homestead entries, which these per-
sons were then to sell to the Rflbvs for
q stipulated sum Of $50 for each entry.
The first Indictment was knocked ont
by demurrer. Another was obtained
BY the Wichita grand jury last month
and upheld by the court This case is
now on trial.
The Indictment specifically charges
tnat 6ilby. jenkins and Drain took
SnaFles Leverton, Rolla Blaine. Lee
SorTnan and Harry Rhodes from points
Siose 70 Ciairmont, No. to Logan coun-
t4. kansas. in September 1904 All Of
the expenses Of the trip were paid hv
jenkins who was at the head of the
party About y were in the crowd. hut
only TOUR were named in the Indictment
as having been suborned TO commit per-
jury. and the issues of the case will all
most entirely depend upon their testi-
mony- After the party got to Scott Citv
they were taken to the BiIby ranch in
Logan county, shown untenanted land
wing close by, and each man in the
party given a slip of paper containing
the number of the section of land uDon
which he was to file. Then it is charged
tne crowd went to the probate fudge's
office at Russell Springs, where each
man was furnished with a $50 bill with
winch 10 file upon the piece of land
Whcn mad ben designated as his Then
the party was sent back home The
Following March it was planned for
them all to visit the land and once more
ia the fall of 1905. After this time dur
ing which fourteen months would
elapse, the Bilbys We're to pay each per
son who had fled on land at their di-
rectton and expense. the sum of $50 for
deed. 1t was then to become sRiIbv's
property This is the story which the
Indictment sets UP.
Mr. Deans Impressive Talk.
Trial was commenced this morning
the jury having been impaneled on
Thursday afternoon. Harry Bone. Uni
ted states district attorney presented
the governments side of the case. sub
stantiaIy as related in the above out
line. E. ]. Dean of Kansas fs{tv v-ho
with I. z. Lambert of Emporia. is de-
Tending the Bnbys, made answer. Mr.
Dean IS a noted jury speaker and his
talk was decidedly impressive. He de-
clared that the defense would show that
Bllby took these men out to Logan
county for the purpose of helping them
get homes Admission to the fact that
their expenses were paid viii be made
BUT IN no instance can the govern
ment show said Mr.. Dean. that ON
clients even suggested that any Of the
persons named in the Indictment should
perjure themselves. Mr. Bilbv sir7DIv
took them out there and paid their ex-
penses. Some of the persons who went
understood that Bilby would blfv fheir
land after they had proven it up. But
there was no agreement to this effect
and none Of the defendants ever said
anything either directly or indirectly
TO this effect TO any of them. IF it is a
crime for Mr.. Bilby to pay the expenses
Of these men. then it is a crime for the
railroads to haul hOmeseekers at hall
fare; for real estate men to paz- the ex-
penses Of persons to come west and
look at land. and all such other in
stances
Forty-two witnesses have been sum
Honed by the government and all but
3wo were in the court room this morn
ing when the case was called.
beaverton, Blaine. German Ben Bel
and Jesse Cooper We're put on the gtanc
this morning The first three are NAMED
IN the Indictment as having beer
suborned at the instance Of the Pi1bvs
Cooper and Bell were members of tht
marty at which time the offense com
mltted in the Indictment IS charged te
have taken place.
After Cooper and Bell had been ex-
amined Ollie Blaine. one OF the four
principal witnesses. took the stand. He
said ne lives near Clairmont No anf
has been married for two wears Hs
was 20 wears Old when he went on the
trip to Logan county.
beaverton talked to me he said or
the stand. Ito take homestead and al
the end of fourteen months L could sell
it to the Bilbys for $50 IT was nv nm
derstanding not to take the entry for a
home but for speculation. I never in
tended to 90 there to live. We went tc
Kansas City by way of St Joe and then
out to Scott City. All our expenses were
paid by Mr.. jenkins. We staid all night
at the Bilby ranch and the next day
drove over some land Each of rs wa