Omaha daily bee., 1906-01-21
BOYER MADE WARE SURVEYS
Former Surveyor Of Cherry County Tells Of
Dealings with Presshsr.
WAS PAID BY LATTER FOR HIS WORK
Honsard wrote Urging Quick Action
on Final Proof-IowR Veterans
Were Paid Less Than
Nebraskans.

miles north of Mullen and former surveyor
OF Cherry county, gave some interesting
testimony In the Ware case Saturday after
noon relative TO the surveys made inside
the u. b. 1. enclosure, and also relative
10 the disappearance Of certain correspond
ence between himself and George G. Ware
concerning surveys made at the request OF
Ware during 1903 The witness said:
81 was a surveyor OF Cherry county for
some years. My son, 8. NJ. Boyer. was
surveyor of Hooker county. am &C
auainted with George C. Ware and corre-
sponded with him relative to making sur
veys of quarter sections within the U. b. I. |
enclosure. 1 contracted with him TO make |
such surveys and did make them and was !
paid for the service by him. am unable |
to produce this correspondence, though
have made diligent search for 1t. The let
ter has been In my possession until short
while before the commencement Of this
suit i think that 1 know where II is, and
may yet be able to produce 1t. These
surveys were made as a result OF the agree
ment 1 made with Mr.. Ware
II made surveys of some six or eight
quarter sections on the Dismal river in
1904, after having had a talk with Mr..
Ware about them. These surveys were
up and down the Dismal most of the
nished these descriptions to Mr.. Ware.
also made additional surveys OF all the
lands had originally surveyed to Ill out
the completed sections under the Kinkaid
act. This plat / delivered to Frank Lam
bert and was paid for 1t by Mr.. Ware.
~ saw Ware in Mullen in 1904. We talked
about locations and he asked me to not
locate any one inside the u. B. l. en-
closure. 1 stated to him that would have
TO locate persons on claims that they had
picked out regardless whether they were
in the u. B. I. enclosure or not
Cashier Identifies Papers.
@. II. Cramer, cashier Of the Bank OF
Mullen, identified the letter OF trsnsmittal
and the McKibbon draft for $50 as having
been written by the witness and paid
through the Bank Of Mullen.
Henry Lower. old soldier from Grand
Island, told the same old story of making
filing under the liberal conditions prom
Used by Lambert and how he had signed
the papers and anidavit without knowing
their contents, presuming it to be all right
because Lambert had told him so. The
witness usually signed his name with an
TX" and could not exactly identify the
Xxx on the papers shown him as his
entry fling. but finally admitted that they
were all right and that the Xxx was his.
George B. Lewis and Elijah Thomas of
Brownville, both old soldiers, testified as to
going up TO Mullen, expense free. and max
ing filings on land through the soIcita ton
of George w. Patton, VINO was Lambert $
Brownville agent. Each of them stated
that they had their papers made out at
Mullen by the county Judge and that on
The assurance from the judge that the
papers were all right had signed them:
nnf have do a he Ia
but for the financial considerations prom
iscd them by Patton ana aubstt
Hongard UrscI {? HEX Action.
Lewis testified to having received a letter
from H.. ID. Hongard the foreman of the
wanted Lewis to come Up to Mullen imme-
diately and arrange to prove up, as this
writer (Horgard) had succeeded TO Lam
bert's business since the latter had left
Mullen. and would carry out the arrange
ments made; but that II was essential II
order TO do 50 that Mr.. Lewis should com,
up and make final proof, or arrange to Dc
so. The witness identified the letter q.
having been received by him. but stateC
that he had not replied TO It
Foreman Henry d. HoffEard of the q. 3
l. ranch was recalled and Identified the let
ter sent to Lewis as having been writer
by himself. He had not talked with eithe
Lambert or Mr. Ware before writing tn
letter to Lewis He was In Mr.. Wares ern
ploy at the time foreman OF the ranch
He denied assuming to taking up Lambert
land business after Lambert left Mullen.
Mr.. Rush sought 10 introduce the letter 1
evidence, but Mr.. Mahoney strenuously oh
3ected on account OF its irrelevancy and I'm
materiaiity and for the further reason c
misconduct" The objection was suStaine
by the court
The only other witness Of Saturday afte,
noon was H ]. Lowe a lumber merchar
Of Mullen. who stated that he had no bus
ness dealings with Lambert relative to luu
Der for the shacxs, but that his dealing
were with Stevenson. who came and got II
lumber and hauled IL out to the lands hin
self. He knew who the lumber charge
to, but objection prevented him fro
giving the name. Lambert had never left
general order with him for lumber.
Iowa Soldiers only Get SIoo.
Testimoney developed that old soIdie
from Iowa procured by LAmbert's agen
to make filings on the lands In the L. b.
land enclosure in Hooker county we
promised but 500 for their lands after tn
had made final proof, where Nebraska We
Grams were offered $50.
Two Iowa witnesses were examined Sa
urday morning, They were George Bak
Of Creston and William RoInine OF War;
county These were both four-year me
and their applications had been solicit
by Reason Hudgen OF Osceols, Ia. anoth
OF Lambert's agents Hudgen paid the IA
and expenses of these two men and &
others 20 Mullen. where the four signed {
applications for the homesteads before
county judge. Each testified that he
not read the applications or anidavits, re
ing on the assurance OF the county jud
that the papers were all right Neither
the parties knew anything about the La
had never seen H. before or since. KIN
nothing about the descriptions. and ea
stated that his only purpose in making
filings was for the s1oo promised when n
proof was made. Asked II either OF tn
intended TO make a settlement on the la
they replied that they had no intention
doing %, as they understood that the lai
were nothing but sand hills and that a n
would starve 20 death trying to live on
lands. Neither had ever returned to Mul
after making the filings and did not int
20. as they understood that II would not