The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-13

handed slip Of paper designating the
land on which We were expected to fle>
Then we went to Russell Springs where
Mr.. Jenkins gave each Of US a $50 b.
with which to pay the expenses of fling.
We then went back home All our ex-
penses We're paid But I got scared
about the matter and decided I would
not 60 back in March, which I was told
would have to do to prove up my
claim I had nothing more to do with
the matter"
Witness Gets shaky.
The evidence looked damaging, as it
was skilfully drawn from the witness
by Mr. Bone. But Mr.. Lambert got
busy on the witness, and in q few mo-
ments had him declaring that no one
had told him to take false oath, that
he had not taken false oath intention
ally. that neither Bilby, Drain nor Jen-
kins had told him he could sell the land
to them for $50 after fourteen months
and that be had gone on the trip with
a feeling and purpose of making some
thing out of the matter by speculation
but had then become scared
Blaine stated that because he was
married. the fact that he was only 20
years of age, permitted him to make a
you pointed out to the judge" said
Mr.. Lambert, that you could not
swear to the affidavit concerning the
entry. because it declared you had to
be of age ?"
Yes replied Blaine.
WAS this the only part of the sub
ject matter of the affidavit which ap-
peared false to you2" asked Lambert
Yes" replied Blaine.
Did you intend to swear falsely
and did Bilby, Drain or jenkins sug-
gest tell or indicate in any way that
you should do So"
NO. sir replied Blaine.
Did you intend to make anything
out of your flling2" asked Lambert.
Yes" replied Blaine, 'I planned to
prove it up and sell it at first. had
no intention of doing anything wrong" -"
Didn't Intend to Violate Law.
Lee German of Clairmont, Mo, was
the next witness called. He said he
was married and had q wife and four
children and owned a farm in Missouri
L heard it rumored about Clair
mont, said German, that jenkins
would take a party of people to Logan
county, Kansas, to have them file on
land, so I went along The expenses
were paid, but do not know by whom.
My section was designated to me, and
changed after we got to the probate
judges office, because a part of it had
already been filed upon. I was given
to understand by a man named Lasley
that I could get possession of the land
without living upon it, and that [
would simply have to go and look at it
several times. I never intended to use
the place as my home or intended to
live upon it. 1 never had any agree
ment with Bilby. jenkins or Drain
about their buying the land after I
proved it up None of them ever said
anything to me about making a. false
oath. I did not make a false oath.
understood I could get the land with
out living on it, and I fled on it with
that idea in my mind
you thought you were complying
with the law as you understood It, =
said Mr.. Lambert.
That is exactly the case" was the
reply. 4 never had any intention of
doing anything falsely
Charles beaverton of Clairmont, Mo,
a son-fn-law Of Mr.. jenkins who took
the party to Logan county was next
called. His testimony was all for the
defense. Mr.. jenkins told me- said
beaverton, that he would pay my ex-
penses. I made the trip in 1904, and
did so for the purpose of getting land.
1 intended to move out and live there,
but after I had fled my wife would not
go. l asked Mr. Bilby, when we got
to the latter's ranch where some good
land was upon which [ could file. He
pointed some out to me close to his
ranch. I filed on a tract. intended
to improve it I went back in the fol-
lowing March to look at the land and
arranged with Mr.. Drain to put up some
shacks upon the place. He was to use
the land in payment
NIL DOi1E u leu III n cAAll ~ SCI A@Sc-f
ton to confess that he had gone for the
purpose of eventually giving the land
over to the Bilbys. But beaverton was
firm 1T never occurred to me-" he
said. that the Bilbys We're to get it"
Coopers testimony was much like that
of the other Witnesses and Bells was of
/ the same strain. Mr.. Lambert went after
both witnesses sharply to see if they
would declare that they had made false
oath to the PROBATE judge They veered,
as did the others. and said that they did
not take a false oath knowingly and that
I Bilby, Drain or Jenkins had at no time
| suggested TO them such a course.
The case will occupy all of this after
/ noon and the major share of tomorrow in
! trial Assistant United States Attorney
West is aiding Mr.. Bone. and for that
reason the grand jury is not doing much
today.
Il noticed in a morning paper said
Mr.. West. that 20 new indictments were
to be returned today. I'd like to know
where they are. There viii be no further
report of the jury until tomorrow, and
/ perhaps not then. I have to help Mr.
/ Bone in this trial and the jury will not
/ have much to do today"