Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-12-09
OLD MAN WANTS No TROUBLE
Witass Hssitatss to Testify for Fear
Lawyers will Object"
HUBoR VARIES MoNOTOSY OF TRIAL
Evidence shows How Soldiers
seventy-Five Years OF AGe
Are Induced TO File
for CattIemen.


morning by Leonard Wolt an
aged veteran from the Old Soldiers nome
at Quincy, ILL., He was one Of the Mann
and Todd colonists to Ellsworth, where the
usual forms and prelmlnaries were gone
through with, with free transportation, free
hotel keep and free filing fees, as has been
repeatedly told by other witnesses.
wen we vent oud to see der claims
said Wolf, 'de only ding we saw was sanu
hills. We got oud OF the wagon and had
little fun wild der prairie dogs. Den We
went to Johnson's place and got a dring OF
water on his Wind mill. Dot was the first
time. Den we went out six months after
dot. We didn't see any dings dot time, but
more prairie dogs. No houses on de land
holdings but prairie dogs"
A third trip was made to Ellsworth. The
question arose as to who should pay the
railroad fare on this trip and on this point
the witness snid:
II didn't pay my fare and I wouldn't
When we got to Ellsworth we met jameson
like de odder times, and he said howdy do,
boys, I'm expecting you. l asked him vas
my house built on my land, and he said
the weather had been so bad dot dey
couldn't build dem. but the man vas dere
now and was going to build dem houses,
never went Oul uu Allt AdAAh tNhehthT
didn't ever intend to live on 1t and wouldn't
If dey would give me hundred tousand
square miles of It,"
AmdRvit Bears His Name.
In the cross-examination Wolf, when
asked about his signature to an afhdavit
procured from him in September last said:
Il expect wrote 1t, but l can't read very
good; my glasses are not good. You fellers
are. judges and lawyers and 1 am only
poor, ignorant Dutchman. If ] read it the
other fellow (referring to Mr.. Rush, the
government attorney will make fuss
about 1t and 1 don't want to make any
more trouble. 1 am IS years old the 18th
of next April, and don't want to make any
trouble"
Robert johnson Of Quincy, ILL.,, was an
other Of the old soldier witnesses Of the
Mann and Todd party who told practically
the same story as all of the Quincy, ILL.,,
witnesses. In his cross-examination he
said: my understanding Of the talk that
/ had with Jameson was that the lands
1 entered were not capable of cultivation,
but were wholly grazing lands. made my
entry in good faith and intended to comply
with the law as 1 understood It,"
Out for the Fees.
On his redirect examination he was
asked by Mr.. Rush:
would you have entered this land had
not the filing been paid?"
mo, sir, 1 wouldn't"
| r. c. Noleman, an attorney, formerly re-
siding at Alliance, but now Of Los Angeles,
was an important witness of Saturday
forenoon. He testified to having certain
conv ersations with Bartlett Richards rela-
| tive to soldiers declaratory statements
/ prior to July II, 1903.
| An objection was made to this witness
! testifying by the defense, because the wit
ness had been employed by Mr. Richards
! as an attorney. In reply to the question
on this point by Mr.. Hall, the witness said:
! 81 was employed by Mr.. Richards as an
attorney"
The court sustained the objection so far
as to what the witness should testify to
as an attorney for Mr.. Richards
Mr.. Rush-When did you have your first
talk with Mr.. Richards?
Witness-This was the first time Mr.
Richards and I talked together on any
business matters as an attorney.
The counsel for the defense strenuously
objected to the witness disclosing any pro
fessional services he rendered to Mr.. Rich
ards
Signed as Agent.
| The changed declaratory statements II
which the name Of F. NJ. Walcott as agen
for the entryman had been erased and tina
of r. c. Noleman substituted were shown
the witness, who said:
II signed these statements as agent a
the United States land office at Alliance
1 received these statements from"
The defense objected to the answer
which was sustained by the court as to tn,
individual from whom the statements wer,
received.
Il either received them through the mail
or they were handed to me by Aquilla Trip
lett"
Defense objected and wanted the answe
thrown out. Overruled.
These statements were filed by me in tn
land office in the condition in which the
were received by me. except as to the date
my signature as agent and the signatur
Of the registrar of the land office, Bruc
Wilcox. l took the statements as receives
by me and examined the records In tn
land Office to find out ie the lands describes
in them were vacant, and If the lands 8
described were subject 10 entry before nj
ing them. / simply ascertained II the Ian
described was vacant. 1 did not PERSONAL
: know any of the entrymen named I'm thes
: declaratory statements, neither did eve
have any talk or correspondence with then
1 did not put the numbers of the land 1
I the statements, and do not know who die
! The instruments were not changed in an
manner by me since they came in my pos
3 session, except as to the date and my sig
; nature as agent l received 81 for film
each statement as my compensation an
4 ] also paid a filing fee of 81 TO the receive
= OF the land Office. This money was after
ward returned to me by draft, signed b
the cashier of the Ellsworth bank. TIL
whole amount Of the draft was"
Objects to Giving Amount.
The defense objected 70 the witness Civ
ing the amount Of the draft, the objeotio
being sustained by the court.
The draft came with the application
q which were competent papers to be fled
: the land Office. l did not know s. NJ. Nam
I the notary public mentioned in these ps
>. pers. Il know where the land was locate
= mentioned In the statements, as l hay
. lived in that locality for twenty years"
= William Daniels OF Quincy, H., anoth'
= old soldier Of the Mann and Todd crow,
n told practically the same story that hs
n been told by other old soldiers from II
Quincy home, and with the conclusion
his testimony an adjournment was take
7 until $3.50 Monday morning.