Omaha daily bee., 1906-12-20

the jury, after weeks spent In the taking
of testimony. Special Counsel Rush began
his closing argument for the government
yesterday afternoon and will conclude this
morning, Following this the court will
read its instructions to the jury and the
case will be submitted to the twelve men
whose duty It will be to say whether or
not the laws of the United states have
been violated by the big cattlemen of Ne
braska- The sessions yesterday wero
marked by large crowds, the court room
being completely filled.
Contends No Crime shown.
Mr.. Hall resumed his argument at 1:45
Wednesday afternoon and finished at 800.
The afternoon argument of Mr.. Hall was
continued review OF the evidence, which
he still maintained showed no element of
crime. He elaborated to considerable
extent upon a number of the exhibits
shown. in evidence as being of no in
eliminating character, and particularly as
relating TO the letters of Bartlett richards
and G c. Jameson, which he held was
simply the correspondence OF reputable
business men, in which there was no evil
dence Of collusion for the commission of
any Offense or the furtherance Of any con-
spiracy. He assailed the employment of
spy upon the entrymen and extort from
them admissions by coercive methods. He
also analysed the testimony of the witness
Nixon at some length relative to mis-
knowledge of the Spade ranch and range
The incongruties in the statements of sew
eral witnesses were pointed out at some
! length. and the whole argument was a
denial of any criminal act upon the part
of the defendants and the utter inability
of the government to produce the slightest
| evidence of conspiracy or agreement to
enter into a conspiracy.
! Special United States District Attorney
| S. r. Rush, who has had the details OF
| the entire prosecution to look after and
who was characterized by Mr., Hall as "the
| best informed man on the land question
in the entire country" began the closing
argument to the jury at 1915.
! Pursuing the plea OF his colleague In open
| ing the argument for the land men
Judge Critics of Chadron Wednesday
morning declared his clients were
victims OF persecution; that govern
ment agents had hunted them out
and coerced witnesses to testify against
| them. He asserted the vast tracts of land
| they fenced in was unit for haBitation in
smaller areas unless one could subsst on
prairie dogs. OF the witnesses who re-
/ peatedly testified they had no idea of re-
siding on the land they entered, he said
they did not settle on it because OF the
I prohibitive conditions he cited, He ad-
! mitted much OF the evidence brought out
by the prosecution, but justified the acts Of
his clients as being lawful and right.
Judge Critics gave an exposition Of the
land laws, comparing the original home
stead law with the newer Kinkaid law.
Under the old law" said Judge Critics,
| "men went out onto these lands seeking
homesteads, but did not find these sand
hills suitable for cultivation and then went
elsewhere. The Kinkaid law was enacted
to meet the conditions Of these arid, nom
agricultural lands The limit OF entry was
raised from l6O to $40 acres. doubt II one
fifth of the men who filed on these lands
will ever prove up on them II is a country
of sand hills and 1t is physical impossi-
bility to make home or residence on them
Blowholes and areas impre gnated with al
kali prevail almost universally with the
sand hills. No man can live on the land
except upon the subsistence of a prairie
dog. This is the reason that the entrymen
did not and could not live on the lands
and this alone.
Says Coercion Was Used,
Then again these men whose testimony
is relied upon to convict these defendants
were subjected to the coercion OF govern
ment agents employed to spy upon anC
threaten them. Why has this been done
'"The Nebraska Land and Feeding com
pany is a foreign corporation doing bust
ness in Nebraska. 1t is here and pays IT.
taxes, thus contributing to the tax burden
we all have to bear.
Consider the effect Of this verdict. 1t 4
not alone the concern Of the defendant
but OF all of you. l ask you to stand al
for the right Of the individual I do no
undertake to locate the responsibility 70
these prosecutions. l do not blame Mr.
Goss or Mr Rush.
The only thing the government can prov
is that the entrymen did not intend to liv
upon the land These old soldier witnesse
were scared to death by special agents
Their evidence indicates the weakness o
mankind. Some of these old soldiers wer
so weak and feeble they had to be asslste,
to the witness stand.
TrRvesty on Justice.
1T was a travesty on Justice TO hav
these men testify. These governmen
agents. spies, detectives and informers wen
to Mrs. Reed to have her say she had beef
promised a substantial consideration 70
the transfer of her land to these de
! PENDANTS after she had proved up. The,
: went to Ami B. Todd, when he was on tn
2 brink Of the grave to compel him b,
p threats TO give up correspondence. when h
% was physically unable to object IL It wa
T wrong to colonize men on these lands, the
every act OF colonization since the earlies
dawn of history is a crime.
q Richards and COmstOck wanted safe me
! 10 file on these lands because Of thel
willingness 10 comply with the law. l
, these defendants are guilty OF conspiracy
o then every person who made a. film
70 Is guilty. The land locating business Is a
4 legitimate a business as the grocery busi
ness or the law. 1t is to make money, jus
as is any ether business. On the questio
Of the lease OF the lands the entrymen ma
a perfect right TO lease them. They coul
2 not sell the land, but they could do any
5 thing else they wanted TO do with it. ]
] does not matter whether the entryman eve
a went on the land at all, The land he file
p upon was his until It's entry was formal
D cancelled by the government as the resul
r Of contest or otherwise"
, Hall on Law Of Conspiracy.
Judge Critics concluded his argument a
1875 and was followed BY r. S. Hall. IN
principal counsel for the defendants
Mr.. Halls argument began with an o.
PLANTATION Of the law Of conspiracy.