Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-27
Two Years Prison and Maximum Fine Of
Ten Thousand Penalty,
DEFENSE WILL Mo,E FOR NEW TRIAL
One Just Closed Occupied Four.esn Days
in he Federal Lours. -.
WARE HEARS VERDICT WITH NO EMOTION
Essential Feature of Case Was that
Defendant Used old Soldiers
TO File on Land for

Guilty. as charged In the indictment ex-
ccptlng the eighth count of the first indict-
ment' was the verdict Of the twelve men
who had been trying for the last fourteen
days Rev George q. Ware, rector OF the
Episcopal church OF Lead, S. D.. president
of the L. b. l. Land and Cattle company of
Hooker county. Nebraska, Jointly indicted
with Frank W Lambert and Harry Welsh
| for alleged conspiracy in securing frsudu-
! lent filings for the purpose of defrauding
| the United States out of title to some 2O,OO
| acres Of land within tho L. b. l. enclosure
1 The penalty in such cases is two years
| Imprisonment and fine the maximum OF
| which is $4,000
The jury went out at 1925 Friday morn
! in6 and reached it's verdict at 800 Friday
afternoon. Fifteen minutes later the jury
| filed into the courtroom. the interim being
reserved to notify the defendant and his at
= torneys, r. ]. Mahoney of Omaha and
! Henry Frawley oC Deadwood, s. D.. who
were waiting at Mr.. Mahoneys office in tho
| Paxton block for the verdict. Special Dis
| trict Attorney Rush, who prosecuted the
case, already in his Office in the fed
| eral building.
Wares old bond Of s5.COo holds good until
| he is sentenced.
Defense Seeks New Trial.
Immediately upon the announcement Of
the verdict of guilty Mr. Mahoney asked
leave of the court to prepare a motion for
! new trial and Judge Munger said:
''Will the latter part of next week do? II
SC will give you unti! that time and fur
ther action will be suspended In the mean
time"
Mr.. Mahoney replied, I'VE will have the
motion ready at that time"
The verdict in full IL:
In the District Court Of the United States.
against George g. Ware, Nos q and q
Docket o. Consolidated Verdict: we, the
issues joined in the S%% enea 'Fs ae
do find said defendant George g. Ware
guilty as to tho first, second, third. fourth
as to the eighth count and guilty as to the
ninth count In indictnent n docket o, In
the manner and form charged by the indict-
ment therein.
We, ne jury, duly enlp0nelsd and sworn
tithed cause do find SAID defendant George
g. Ware re- g5,ny guilty as lo all f9 The seven ever,
the manner and form charged by the indict-
HOMER c. LUDDEN. Foreman.
Personnel of Jury.
The jury consisted of the following: W.
} H. Beck. farmer. Blue Springs; John Nj.
Bovee, farmer, Craig Homer c. Ludden,
farmer, Surprise; Keene Ludden. real es-
tate dealer. Osceola Claus Peters, hard
ware dealer, Yutan Henry Schilling
farmer, Scotia; ]. 3. Starr, retired inn
plement dealer. Omaha; J. f. Westcott
farmer, Geneva; Joseph j. Wondra farmer
Ceresco Fred Mum, farmer. Waverly: y.
Allen farmer, Waverly; +. p. McCandless,
farmer, Gretna-
$ The trial of the case began January TO-
a the jury being empa nelled the following
: morning. A motion TO qussh the indlct-
$ ment ovcrruled by Judge Munger and
$ tho case proceeded 10 trial A postpone
( ment of one day was necessitated Saturday.
January 49, because of the illness of Juror
I Allen. He was sufficiently recovered Mon
= day morning following to proceed with the
c trial and its course has been uninter-
Il rupted since.
The government put about forty wit
I nesses on the stand. including the two
4 co-de:endants. Frank W. Lambert and
Harry Welsh both of whom had pleaded
o guilty to the indictments and were already
q in custody under bond. The defense put
l. but sixteen Witnesses on the stand. chief OF
whom was the defendant, George G. Ware
The other witnesses for the defense werS
4 introduced chiefly to impeach the testa,
mouy Of Lambert and Welsh. w H. Jeu.
Il nings OF Thayer county, president pro.
tenn of the Nebraska senate. was called
in re-rebuttal to testify as to the good
reputation OF Lambert
thtet POINTS nj Issue.
IL The essential features of the case were
That Ware, Lambert and Welsh wer,
ID jointly indicted for conspiracy in procurins
n old soldiers to file on land within the L. B
rs l. ranch enclosure. The soldiers were {,
III receive all their expenses OF fling anC
final proof and were to give ninety min,
rs year leases for the land as security I,
In Ware and upon final proof were to dee,
ID over their holdings to Ware for the sun
h of $3.50 per 100 acres. Lambert was th,
le chief agent of Ware in securing thes
ht filings and Welsh a sub-agent. All TN
e. money paid out for these purposes wa
I'd furnished by Rev Mr.. Ware. About thirt
ut filings were thus obtained Only one fina
he proof made for which the $3.50 wa
oy paid and the deed for the land was mad
Id out at Wares direction to one NJ. NJ
Wheeler, a clerk in n Deadwood bank
MIR. Ware admitted he had the deed. bu
r. that IL was not now in his possession. II
denied, however. that the procurement O
ut this deed was in any way connected wit
his agreement with Lambert, but tina
the final proof in this instance was mad
as test case. Ware and Lambert dis
he solved partnership In February OF Marct
I'd, 1905 and Lambert went to Oregon. II
he was followed there by officers of the gov
IS ernment and subsequently returned /
ri Nebraska and has since been in custod,
Ire having pleaded guilty TO the lndictmeu
of conspiracy. He was subsequent
ID. placed under $1,000 bonds. and being una bl
en- 10 procure the bond. has since been
INT Jail. Welsh is still out under IS COO bond
Is Neither Lambert or Welsh has yet bee
m sentenced.
Men Who Got Evidence.
yet The evidence in the case was worked u
by these special officers OF the United State
. secret service: Lucien c. Wheeler, chi,
- in charge; r. s. Hobbs, Mark : Thoma
eT. Harry Phillips. Nicholas c. Dolan. Marsh.
Everstein John Webb. Richard Jervis Al
e" sisted by James Allan and by 4. IL Nixo
an special agent OF the general land Office.
The jury voted an unanimous verdict ,
ria guilty on each count of tba ,na,c,,,,a,