The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-11
Lambert's Rap ID Green.

the time heretofore fixed"
Lambert's Rap at Green.
After Mr.. Bone had finished making g
his statement, Mr.. Lam bert said. "All
Of the defendants affected viii be at
Wichita on April 26 in person and viii
make to the court in person a promise
to abide by this agreement. They are
law-abiding citizens and viii do what
is right The policy of the govern
ment was to send an agent out and
give them sixty days notice. Colonel
Green is a special agent Of the de-
partment of the interior and not a
land department agent. as the rule
specifies. But none of them were
given notices. Colonel Green gets his
pictures into the newspapers and poses
as reformer-''
Judge Pollock interrupted Mr.. Lam
bert, and said. "Now-now-Green is
a department agent" His interruption
was more of an effort to keep Mr..
Lambert from going after Green
However that may be-" continued
Mr. Lambert these defendants are
law-abiding citizens and they will be
on hand at Wichita in person on April
&c to make a statement in person to
your honor.
The men ought to know the law
themselves" said Mr.. Bone. Mr..
Lambert refers to the fact that sixty
days notice should have been given
them. Just taking the matter for itself.
the defendants should have known the
law
Make 1t Difficult, Says Pollock.
Judge Pollock: s'I will say that this
disposition of these cases viii make it
very difficult for the court in the fu-
ture in similar matters Suppose a
poor man takes so acres or so and en-
closes it unlawfully. Shall he be Sc
verely punished2 Tt will make it very
difficult for the court to look after
violations Of fbc -
Mr.. Lambert; Why cannot the
secretary Of the interior issue cir
cular that a man should have sixty
days notice before he can be indicted
for Illegal fencing. Apply this to rich
and poor alike. AS a whole, my de-
PENDANTS are poor men, Some have
only about 130 head of cattle The
Boise Cattle company is the only ex-
ception when it comes to any of them
being rich"
that the disposition is satisfactory to
the court, but that it viii make it
difficult to punish in the future"
Tt was the stipulated agreement that
all Of the defendants affected shall
appear at Wichita on April 26, the
date originally set for their trial, and
that they shall there and at that time
formally make an open statement to
the court that within sixty days they
will remove all such fences from land
which they have unlawfully enclosed.
Those Who GO Free.
Thirteen indictments and q defend
ants are affected by the agreement.
The names of the defendants and the
places alleged ofenses were committed
are as follows
". z. Moore, Morton county.
T. B. Porter, Morton county
Wood Cott and H. Cott, Stevens
R. M. Crawford. stevens county.
J. A. Kelley. Stevens county.
The H S Boise Cattle company,
corporation. H. S. Boise. z. A. Meridian
and E. Lehman, Morton and Stevens
A. B. Lynch and Robert Merton,
Morton county
]. S. Bilby. r. J. Bilby, and Arthur
Bowman. Logan and Scott counties.
John z. Bilby, Logan and Scott
E. NJ. Dean and A. NJ. Dean, Morton
county.
NJ. ]. Allen. Morton county.
NJ. G. Combs, Morton county.
J. W. Mclean, Morton county.
Nothing is now left of the great batch
of indictments returned by the No
venber special grand jury except the
BilbY case which relates solely to sub
ornation of perjury and to conspiracy.
Not a single simOn-pure land fencing
case is left The Smith-Ryan-W Wilson
conspiracy case has been knocked out
Of court on demurrer. So everything
is wiped out bu the charge against the
Bnbys. Tomorrow morning District
Attorney Bone and L E Lambert will
empanel the jury for its trial. but 1t
viii not be called up until Friday morn
ing. The case is a strong one. When
this session of the United States dis
trict court is. over it is likely that moth
ing at all will be left of the sensational
returns of last falls jury.
What the present jury viii bring in
is pretty well settled. It is a foregone
conclusion, and Mr.. Bone verifies it.
that no land fencing cases will even be
considered by the present jury. It viii
give its complete and undivided atten-
ton to frauds. The agreement enter
ed into today absolutely eliminates
pure fencing cases from the work. Mr.
Bone admits that but viii say nothing
more.
1T affects us certainly" says Col.
Green, and with that he too closes the
discussion