The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-22
MUSTSTAND TRIAL
Five CattIemen Have Failed to
Comply With Law.
Three Morton County Citizens
Are on the List.

Five Of the thirteen cattlemen who
were indicted by the federal grand
jury In November of last year for land
frauds in connection with the illegal
fencing of government land have fail
ed to comply with the Instructions of
H. j. Bone. United States district at
torney and will have TO stand trial at
the session of the United States dis
trict court at Wichita next week.
The cattlemen who will stand a
good show Of being fned and probab-
" imprisoned are M. 9. Comb OF Nor
ton county, J. ". Mccain, Morton
county, ]. B. Porter. Morton county,
John A. Kelley, Stevens county. the
H. S. Boise Cattle company ct al, Nor
ton and Stevens counties.
The case against Porter and Kelley
may be dismissed later on if further
Investigations made by the United
States district attorney warrant BELIEF
that fences have been removed by the
defendants from government land. All
five of the cases, however, viii go to
trial. The most fragrant instances of
the violation of the law seems to be in
the case of the H. s. Boise Cattle com
pany. The cases against A B. Lynch
ct al, J. S. Bilby ct al, John E. Billy,
Dean Brothers, NJ J. Allen, W. e.
Moore, Colt Brothers and r. NJ. Craw-
ford have been dismissed. The Lynch,
NJ =. Allen, W E. Moore ranches are
located in Morton county. the J. S.
Bilby and John E. Billy ranches are
in Logan county while the Dean
Brothers. Colt Brothers and r. NJ.
Crawford ranches are in stevens
county.
Though the grand jury indicted the
above cattlemen for illegally aereing IN
government land in western Kansas the
United States district court gave the
defendants 60 days to remove their
fences from government land. If on
proper representation to the United
States district attorney it could be
shown that the order of the Govt had
been complied with the cases were 70 be
dismissed. Further extensions of time
were granted so that the indicted cat
tlemen were given practically the entire
summer to get in shape and escape the
penalty fixed for fencing in public lands.
Plats showing the fences and those
removed were placed on file with Mr.
Bone by I. E. Lambert, the attorney
for the cattlemen. but the plats were
unsa tisfactoTy and were rejected and
Blaine Franklin, a special agent of the
Interior department., was sent to in
Vestigate personally the alleged re-
moval of fences. Mr.. Franklin has
spent the past six weeks in this work.
On his report of the conditions the de-
cision of Mr. Bone to dismiss eight of
the cases and bring i've to trial.
1.-THE report of Mr.. Franklin's sup
port SHOWS q SuDStdItidt compliance
with the law relating to unlawful In
closure of public lands in eight of the
cases. These will be dismissed. In
five of the cases the report does not
show compliance and these viii be
brought to trial"
The penalty provided by law calls for a
I jail sentence not to exceed one year or q
fine not to exceed 1900 for each charge
AS there are several counts against each
of the remaining five cases the penalty
may assume unpleasant proportions.
Il can not. of course. decide what
Judge Pollock may decide to do in ad-
vance of a trial. said Mr.. Bone. 1T may
be possible that two of the cases will be
dismissed