The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-16
They AL 60 FREE
Federal Jury Acquits CattIemen
Early Sunday Morning.
We're Out Ten Hours Before
Verdict Was Reached.

At 100 o'clock on sunday morning
the federal court Jury in the case Of
John E. Bilby. Lewis c. jenkins and
James H. Drain, charged with subor-
nation of perjury in connection with
alleged government land frauds IN
Logan county, Kansas, rendered
verdict of not guilty.
The verdict was not formally re-
turned to Judge Pollock, and the at
torneys for both sides until $3.50
o'clock Sunday morning. The de-
PENDANTS made no demonstration When
they were declared free The jury
had been out ten hours when It came
to its conclusion. From the very first
the majority of the jurymen stood for
acquittal The fourth or fifth ballot
brought this result: Nine for acqutttal
three for conviction The vote see
sawed around this mark until finally
the majority won over.
This completely wipes out every in
dictment returned by the special fed
eral grand jury in November. All OF
the rest have been either knocked out
by demurrer or have been dismissed
at the suggestion of the president
The trial of Bilby, Jenkins and
Drain commenced on Thursday at
ternoon All day Friday and Satur-
day morning were devoted to the TAX
ing of testimony. Saturday afternoon
the arguments were made and the
case was given to the jury about
o'clock. The verdict was not sur
prise. Since the point at issue was
subornation of perjury. it deyolved
upon the government to prove that
the defendants had suborned the four
men named in the indictm ent@Rolla
Blaine Edward Bell, Ed Rose, and
P A. beaverton. It was the claim Of
the government that these four men
came to Logan county IN September,
1904 with a number Of other men at
/ -, Of
on land at the expense of the Bilbys.
and were then at the expiration of
fourteen months to sell their land and
deed to the Bilbys for $50 EACH
In no instance did the government
prove its contention. The Bilbys ad-
mitted that they took the men to Lo-
gan county, paid all their expenses
and fling fees, but did it to get the
men to settle out there and establish
hOnesteadS. so that they could buy
such feed stuff as they might raise.
None of the four men named in the in
dictment stated on the stand that the
/ Bilbys had told them to take their oath
falsely when they made their filings
All of them declared that they swore
to the affidavit in connection with their
fling honestly, and meant to take up
the land and prove on it. They did
saw that they would sell it afterwards,
but it is evident that it is no crime to
take a claim, prove up on it properly,
and then sell it.
It was right in connection with the
taking of the oath of the filing before
the probate judge. that the govern
ments case failed. However shady
some other features of the case may
have appeared to some of the jurors
they could find nothing in the evil
dence that the defendants had sub
/ orned the men they took out to Logan
| county to file on land. Since this was
/ the whole and entire issue of the case,
a conviction could not have been ex-
pected.
John E. Bilby is son OF John Billy,
the noted cattleman of Quitman, Mo.
James H. Drain is the foreman Of the
4 Billy ranch in Logan county. Lewis
c. jenkins piloted the party of people
1 from Missouri into Logan county in
! 1904 to take UP land claims near the
/ Billy ranch. It was from this trip
that the indictment and case was
made up.
About IS witnesses were used in all.
The government had forty and the de-
Tense the remainder. A great many
1 character witnesses were used, and
| some of the best known citizens in
Logan county testified to the good
character and reputation for truth
and veracity of the Bilbys-
H. S. Bone. United States district
attorney for Kansas, and Judge West,
assistant district attorney, prosecuted
/ the case I. z. Lambert of En- poria
former United States attorney, and E.
S. Dean of Kansas City defended the
Bilbys.
A Victory for Lambert.
In view of the acquittal of the cat
tlemen, I. E. Lambert. as the attorney
who did persistent and effective work
in the case. is entitled TO congratula-
tons and especial credit. Mr. Lam
bert, who was formerly United States
district attorney, is one of the most
active and most successful lawyers in
the state His conduct of the defense
IN these big cases adds to his reputa-
! ton fer ability and results.