Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-11-29
'Trisndlies' Go to MerTiman on Special
Train to Sign Papers.
:STRYHlS PROMISED 81 AN ACRE AS FEE
All Expenses and Railroad Fare Paid by
Representative Of OOnStOCk.
VOTES TO COVER FEES sntl UNPAID
witnesses In Land Case Testify Au
Thev Had TO DO was stan Names
"a Entry Papers Already
Filled out.

$ peculiar and interesting feature of the
ar ,srials now on in the federal court
~ suEht out Wednesday afternoon
", y vas shown that w. G. Comstoek
was z y ely busy at Valentine and Mer-
rimah =. =. Sng favored entrymen into line
for M particular descriptions of
lands kn, X. be within the Spade ranch
enclosure e, r. Srtlett Richards was eN-
ercislng sim, ~. gence at Ellsworth at
.the same mo. =. he apparent purpose
heing that the = hands should be Sc
lected by FRIEND entrymen
Both Bartlett Richards at Ellsworth aud
w. G.. Comstock at Valentine had provided
accurate and complete descriptions OF the
lands the "friendlics' were to file upon and
undertook a personal supervision of the
matter with the precaution their men should
not lie caught mapping, but should be lirst
in the line to get In their filings on Sc
lected sections before the big crowd caught
on.
This was particularly noticeable at the
Valentine land Office, where the entrymen
especially selected by Dir. Comstock,
through his agent. AtcElroy. rather than
take chances Of waiting in the line at Val
entine. took his detachment of entrymen
down to Merriman- and had United states
Commissioner Heath ready to acknowledge
the alinEs and necessary aGidavits and APP
plications as early after midnight the night
Of June q 1904, as possible.
McEir0y Party Gets Choice.
The result was that the filings made by
the McBlroy party took precedence over all
other hiings on tho morning of June Is
and they wore given the very first choice
OF the lands within the Spade ranch en-
closure, which comprised desirable valleys
windmill locations aud other choice Sec
dops. The applications had in each in
stance been hlled out with typewriter and
accurate descriptions Of the lands desired
filled in the applications. In order 10 save
time a draft for the Si4 land Office fee was
attached to each group Of papere, and all
The entIymen had 10 do was TO sign their
names, swear to them and sign a note to
Mr.. Comstock for $50 10 cover the expenses
OF the lling fees, This was the gist OF
weslResdaS aftetnooJgs Testimony.
William McIElroy, the carpenter, was re-
called Wednesday afternoon for cross
examination and redirect. In his redirect
examination he stated he had given w. G..
ComstociS his note for $40 to pay the ex-
pense Of fling fees advanced. He had
never paid this note. nor had he been asked
10 pay It. He did not know who had the
noie. lie stated that he never did any
plowing on his land, never raised any cat
tic on Il and was on the land about a week
in 1905, and slept on it two nights In 1906.
John r. oNefll Of Gordon, a railroad en-
ploye. was another OF the entrymen so
lieited by AIcElroy. He did not remember
OF having sworn to his hilng papers at all.
Neither did he pay any money on the re-
ceiver's certificate. McElroy first spoke
TO him about making fling June %, 1904
Mol1lroy at that time was soliciting entry
men to make filings within the Spade ranch
enclosure and told witness that he did not
have enough entrymen.
Il asked him if there was anything in it?'
said OMEN. ''and he said: Yes. there is
81 an acre in it for YOU. He came to my
house about l2 O'Clock that night to have
me go to Valentine with him. met him
at the depot. and there were several other:
there. We got TO Valentine at o'clock the
next morning. ] did not pay any railroad
fare, nor did I pay any expenses at al
while there. We went to Comstock's Of
fee over the grocery store. saw Mr.. Com
stock and Mr.. Huntington, McElroy ant
others there. The papers were all mad,
out the descriptions being filled in with
typewriter They were handed TO me {,
sign and / then handed them to Ton
Huntington. Huntington handed me a not,
for 80 and Comstook asked me TO sign It
which he said was to cover the expense o
faith the note would be returned To me
The note has never been returned vet
Papers signed at 0IidRiEht.
THAT night. the 9Th. We went on a
extra train so Merrimau and went to tn
ofioe bf United states Commissioner Heath
There were twelve or fifteen IN this party
with each set OF papers there was pinne
draft for lt FOR hhng fees. Just afte
lnidnish, We handed our papers with IN
draft TO the commissioner ana swore TO IN
papers az early on the morning of the at
OF June as we could Il was only yer
little while after midnight. After We wer
sworn we passed out and went direct 4
Gordon. We left the papers with the con
missioner, do not know what became q
them after that Mr.. Comstock went wit
us 70 Merriman from Valentine. and
think ho paid our fares. I did not pa
any.
The witness stated that he talked Wit
McElroy afterward and was told that
house had been built on witness claim an
that a rig would be furnished witness an
timo he wanted 10 out To the land wi
ness stated that he never put any improv,
ments ON the land, but he understood
there were two windmills on IT, Il onl
took the land for the money that was
t. ! never intended 10 live ON H. nor dt
any Improvements on it and never n
isaded to-
other Wttneasea Tell same Stor,.
Among other witnesses OF Wednesda
was clyde r. Beckwith ot Valentine WI
told q story almost Identical with that
The previous witness regarding the giyir
Of a note fer ts4 Eoiug to Nlerriman
awear in his application before the con
missioner. Witness had already proved h
one quarter section OF land in good fait
and this fling was Tor three addition
quarters. "Fifty or l0o men were there
Morriman and waited there until after
midnight 20 swear In their papers" sa
the witness. I'VE stayed there until n
next morning ana then went down 10 ii
ranch"
Charles 2. Savage an cmploye of a
SPADE ranch told a similar story TO the ~
preceding witnesses as being one 81 N