Omaha daily bee., 1906-12-19
DEFENSE ATTACKS OFFICIALS
Counsel for Land KINGS Declare Govern
msnt Imposed On BY Biased AgsntS
SEE no CRIME IN sUnNe FILINGS
ProsssutiOn Haintains the Act OF Pay
ing Non-settlsrs f. the Most
F1agrnnt Violation
OF Law.

The defense in the big land trial before
Judge Munger Of hne federal court yester-
day waived introduction Of evidence and
entered at once upon the argument OF the
Z case as its only rohuttal OF the vast amount
% evidence submitted by the government
during the first twenty-five days Of the
! trial The attorneys for the defense set
I'D in their argument that the prosecution
was animated by seif-seeking ohicials SUI
periors anxious to make a record by in
hicting punishment upon these land men
and subordinates bent on doing the VIII
OF their superiors. II maintained the gov
eminent had been ill-advised by the men
directing the fight against the big land
men and maintained there was nothing IL
legal In acquiring land the way these
men have, coneeding they had paid entry
men TO hle upon II, The defense raised the
plea that II was prejudice against the
rich.
The governments contention was that
the very act OF paying men and women
10 file upon land which they never had
the remotest idea OF occupying was in
itself a fragrant violation of law, unjus-
tihable by any conceivable means
BY o'clock District Attorney Goss for
the government and Attorney Bronze for
the defense had concluded their pleas.
The two sides agreed on six hours OF argu-
ment to the side.
Only waIcott Released.
Prior 10 the beginning Of argument.
Judge Munger overruled the motion Of de-
Tense TO strike out Of the indictment the
names of all the defendants and sustained
his action OF the day previous in releasing
F. N. Walcott as the only defendant on
the grounds that but one witness had tes-
- a. 4.
I'm the cases of the other defendants"
said the court, "the evidence is such that
It must be passed on by the jury"
The jury was then called In. but as the
attorneys had not yet assembled their
papers and notes for the beginning Of the
arguments the jury was then excused
The attorneys filed with the court a
memorable Of the instructions they wished
presented TO the jury. r. 8. Halls con-
tribution Of instruction comprises a bundle
Of papers an inch or more thick. Judge
Munger, in slancing al the mass Of papers,
dryly remarked;
Mr. Hail. you must have lost some OF
these"
The jury was recalled and Judge Nun
ser said: Gentlemen, before entering
upon the argument Of this case perhaps
I should say the jury will be directed to
ma Verulct or not guilty as 70 the de-
PENDANT. Walcott and of not guilty to
count twehty-thI ee and twenty-eight OF
the Indictment"
what These Counts Are.
Counts twenty three and twenty-eight are
those In which the entrymen named as
witnesses could not be found to testify.
BY agreement of counsel the court limited
the arguments to six hours to each side.
United States District Attorney Gosl
began the argument for the government al
1920, His argument at the outset was ar
exposition of the homestead laws and tho
rules governing the entering of government
lands and the inviolable requirements Of
the law as regards settlement and residence
as requirement Of final proof. which HI
held had been violated by the defendants
in this case in pursuance OF the conspiracy
alleged in the indictment.
Mr.. Hall objected to the counsel for the
government injecting into his arguments
. facts not borne out by the evidence. The
court cautioned Mr.. Goss to conhne him
self closely to the evidence.
Mr.. Goss showed the close connection Of
the defendants, Richards and Comstocl
with the initial stages OF the alleged con
spiracy He referred to the employment o.
United States Commissioners Heath at Mer
riman and Cody and O'Keefe at Ellsworth
on June %, 1904, by Comstock and Richards
70 perfect the colonization OF the entrymer