Omaha daily bee., 1906-12-16
lODlSETT BROTHERS NEXT
Will Follow Richards and Com,took on
Trial 10 Land Eases
PRESENT ONE MAY END EARLY IN WEEK
Court VIII Then Adjourn Until
New Years, when Proceed
inEs Against Others
VIII BE Resumed.

From present Indications the Richards
and Comstock land trial will be finished
early next week. In that event the federal
courts will adjourn Thursday OF Friday
over the holidays, resumlng business Tues
day, January
The next OF the land GASES TO be tried will
be that Of the Modlsett brothers, who are
charged with conspiracy, fraudulently to
obtain title TO government lands within
their cattle pasture enclosures in Sheridan
and Cherry counties. The indictment
against the Modlsetts is in some respects
similar to that against Comstock and
Richards In the trial now on in the federal
courts.
The trial Of T. NJ. Huntington. Fred
Hoyt and James Reid, the second group
included in the big indictment with Rich
ards, Comstock. Jameson, Triplett and
wslcott, will follow the Modlsett case.
II IL now said to be more than likely
that the entire month OF January will be
taken up with the land trials and that
the January term at Lincoln will have to
be postponed for a couple OF weeks. That
term 10 set for the second Monday in Jan
uary, but It willgundoubtedly go over until
The more important Of the land cases here
are disposed Of.
d Twins " Allt ltAptCltu ueldg III Aib
Comstock and Richards trial through the
death Of Mr.. Comstock's child, II will now
Be impossible for Special Counsel Rush 20
be. In St Louis December 10 to argue
against the motion for a new trial IN the
Ware case; hence, by agreement Of coun-
isel, that argument is put at the end Of the
trial docket OF the United States circuit
court OF appeals at st. Louis and may not
come up for hearing before February.
Entries TO he Cancelled. .
All OF the land entries made by fraudu-
lent means under the Kinkaid law and al
luded to I'm the big land trial now on In
the federal courts have been recommended
for cancellation and again will be subject
TO legitimate entry.
Many land agents already have inter
ested themselves in these claims, getting
the descriptions from the court records,
and will seek TO locate bona hde settlers
on these lands Many very desirable claims
have thus been thrown open to entry again,
and soon as the cancellation Of the en-
tries is formally made big rush Is looked
for at the Valentine and Alliance land
offices To- gobble up these tracts.
A government oficlal familiar with the
conditions says regarding these cancelled
claims;
ANY person who can get a description Of
the cancelled claims can make an applica-
tion for their entry and by settling on the
land, even before the formal cancellation
Of the entry, will thereby have a prior
right to enter the land against all Corners.
1t has been shown by the trial that a num-
Der of these claims are very valuable.
Some of them have winGmills on them and
other improvements, as has been shown In
the land trial now on. In every case nearly
# has been shown by the entries taken up
az the instigation of the cattlemen that the
entrymen did not intend to live on the land,
and that admission invalldates all their
right to the claim just as effectively as II
the}entry had been formally cancalled by
the land department"