Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-23
PROGRESS IN WARE TRIAL
Government R.sts Its Cas-. and Defense
Starts Yesterday Afternoon.
FRANK LAMBERT TO Be nrEAcHtD
Effort 60 Di.credit chief witne.. for
Government Apparently the
Main Hope for the
Defense.

Main Hope for the
Defense.
The government concluded its testimony
in the case OF C. G. Ware. accused Of
subornation Of perjury in connection with
illegal land fencing and announced that IL
rested yesterday morning Forty witnesses
were called for the government The number
summoned was approximately seventy. but
many of these were to substantiate the
feet of the illegal enclosures. but as Fore
man Hoffgsrd Of the L. B. /. ranch test-
fed that the last gap Of the enclosure had
been made in April. 1905, IL was not thought
necessary to keep the other thirty-fve or
forty witnesses here to give evidence as to
the enclosures and hence the chief fact
sought to be established was the con-
spiracy Of attempting to defraud the gov
eminent OF titles to the particular public
lands inside the U. B. l. Land and Cattle
company's enclosure by fraudulent filings.
The apparent policy Of the defense is to
impesch the testimony OF Frank W. Lam
bert. the chief conspirator. alleged to have
acted in collision with Rev. George G.
Ware. president of the L. B. /. Land and
Cattle company. and also TO show that Mr.
Wares motives in undertaking TO secure
soldiers filings within the U. B. 1. en-
closure was purely philanthropic, in that
the lands would be looked after by the Z.
b. I. company in the interim between en-
try and final proof. and that his only solicit
tude was to secure such parties 10 file on
the lands as would not pring dogs and
other Objectionable features onto the range
70 trouble and annoy the cattle ranging
there. An effort will also be made TO prove
that there was no consideration contem-
plated whereby the lands were TO be
decided, to the L. B. 1. company after the
soldiers had made final proof. but that they
were at perfect liberty 20 dispose Of their
lands at their discretion.
Ware Discredits Lambert.
An important witness was Attorney o. P.
Hamilton of Mullen, who stated that he
had been acquainted with George G. Ware
for some fifteen or eighteen months. He
had a conversation with Mr.. Ware some
time in April. 1905 on the question OF taxes
In Hooker county. He knew that Ware had
about $50 900 invested in lands IN Hooker
county He had talked with the defendant
about Lambert after Lambert had been
brought back from Oregon and Mr.. Ware
had told him that Lambert was not q
truthful person.
The cross-examinstion Of Hamilton was
waived by the defense.
Lambert, who was recalled, testified rela-
tive TO the Brownville. Neb delegation of
four-year men who went to Mullen in re
Spouse TO a letter he had written to George
W. Patton. which he identified as written
by himself. in which the promise had been
made Of $50 for each of the men for their
lands after they had completed their final
proof. The letter stated in effect that.
I'VE will be able TO use what four-year men
you can get, and who will be likely to go
through for $50 and expenses"
Lambert on cross-examination denied
that in his conversation with II. J. Lowe
of Mullen he stated that his arrangements
with Ware did not contemplate Wares &C.
QUESTION 10 a final title to the land. He
admitted that he had talked with Lowe
relative to filings within loves enclosure
The remainder OF the testimony Of Mon
day morning related to certain exhibits and
technicalities. some Of which were sustained
by the court and others withdrawn. These
exhibits included certain pfsts, the certin-
cate of the incorporation OF the L. r. l.
/ Land and Cattle company and the $50 Nc.
Ribbon draft.
Frank Lambert was recalled Monday
/ afternoon for further recross examination
relative TO certain conversations he is al.
/ legged 20 have had with Elmer Mercure
! A. F. Hatch. W. H. Reynolds. r. H
/ shimmin and F. NJ. Guddebeck in 1902 and
4 1915 at various dates. in the matter of Sc
curing soldiers filings. The witness denied
the purported conversations
Seek to Impeach Lambert.
The first witness examined for the de-
Tense was John Kudrna, postmaster a
Mullen. The examination was conducted
by Attorney Frawley OF Desdwood.
At the suggestion OF the attorney for tn,
! government Mr.. Rush, Frank Lambert wa
permitted to be present in the court room
! during the examination of the witnesses
for the defense
| Postmaster Kudrns was asked as 70 tn,
reputation of Lambert for truth and yer
acity. He said it was not good.
Cross examined by Mr.. Rush. the witnes
stated that he first came 10 Mullen in $50
with Barnum & Bailey's show. in whicl
he was employed as a musician. He hat
also practiced the art OF q musician at tn
soldiers home al Leavenworth. Kansa
City and elsewhere and was present a
the land rush in Oklahoma He formerl
served in the regular army, having en-
listed at Fort Crook. and was finally dis
charged from the army in 1901 Asked b
the govern ments attorney If he had nc
been engaged in buying ACCOMPLISHMENTS o
homestead filings at $40 each. he was abou
10 reply when the defense introduced a
objection 10 the question. which was su,
tanned by the court.
c. n Cramer. cashier Of the Bank {
Mullen. stated that he had known LAmbei
since 1903 and that his reputation was cor
sidered bad. In the cross examination h
admitted TO having had some fnanci,
transactions with IAnroert. Mr. War
was a customer Of the bank. Witness kne'
OF LAmbert's bad reputation before tn
trial came on. Witness denied that h
had signed any paper since arriving
Omaha attesting 20 Lambert's bad reput,
ton.
Reputation by Hearsay.
Peter knudson OF Cherry county,
farmer and stockman. had known Lambe
for two and half years and considers
his reputation very bad. He had never hs
any trouble with Lambert and knew OF
reputation only from what he had hear
J. II. Welton had known Lambert 4
four years and considered his reputatiC
bad. He is publisher Of the Hooker Coun
| Tribune. Witness had come TO Omal