Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-17
POINT HANGS ON LOCATION
Vital Step in Ware Case Depends on What
County Land is In.
SITUATED ON THE DIVIDING LINE
Lambert Goes over Details of His
Account Books, showing All
Bills Were Paid BY
Ware.

ttano IN tne 1edeTal ttlal OF the rev
George G. Ware case all OF Tuesday fore
noon, his examination beins simply re-
capitulation in detail of his expense book
account during the years 1903, 1904 and 1905.
These accounts referred to expenses Of all
kinds paid out by him for procuring filings,
his reimbursements and commissions there
for paid him as he alleges by the defendant,
Ware.
In the case of one filing procured by the
witness of one McKibbon an objection was
made to the entry being introduced in evt-
dence. as II was shown the land filed on
was in Thomas and not in Hooker county.
The court sustained the objection on the
ground the indictment charges the overt
acts complained of were all In Hooker
county, and that evidence of filings out
side of Hooker county could be introduced
under the indictment. However. the at
torneys were given permission to be heard
on the proposition, and the jury was ex-
cused at II 80 until the question could be
discussed.
S. r. Rush. attorney for the government,
held the McKibbon fling was a part of the
same transaction and agreement; that the
McKibbon filing was just across the line OF
Hooker county in Thomas county and in
timately associated with all the other trans
actions in the matter of detail and time.
Final Proof and Deed.
1t will be SHOWN by the government that
, In the McKibbon case final proof was made
OF the land and that McKibbon decided 1t
over TO one Wheeler, a Deadwood banker,
at the suggestion of Ware, but that the
deed was actually made to the L. b. I.
ranch corporation and for Its benefit, and
that McKibbon was paid his $50 by Lam
bert upon the execution OF the deed. This
McKibbon transfer is the only absolute
transfer by deed that has thus far been
shown during the trial The government
relies strongly upon this transaction as an
| important link in establishing the COM
pleted conspiracy.
Mr.. Mahoney argued that the government
had no right to go outside of the indlct-
! ment in order to influence a conviction
on the ground that the specific acts charged
in the indictment referred to lands in
| Hooker county only.
Upon the conclusion of Mr.. Mahoney's
argument Judge Munger stated that the
McKibbon matter would be passed until
| Wednesday morning.
Pending the decision in the McKibbon
matter, the direct examination of Lambert
was adjourned to a later date. The at
| torneys for the defense announced that
the cross-examination of Lambert would
/ tlOl DC unueTldken untll dIleT MS ulTeCL
examination had been completed.
| Register Whitehead was then recalled to
identify certain filings on record in the
1 Broken Bow land Office for 1904.
witness Tells Something Good.
The dry proceedings of the afternoon we're
somewhat enlivened by the witness. sam
| ford B. Brown of the Grand Island Sol
diers' Home. He testified as to making
an original homestead filing in 1903 at the
| instance of Harry Welsh and a subsequent
| filing of three quarters in 1904 under the
Kinkaid law within the U. b. 1. enclosure
at Lambert's instigation. His testimony
was similar to that OF the first WITNESS,
John c. Blue, relative to leasing the land
, for ninety-nine years for 81 through Welsh
and Lambert to Ware and that they were
paid $50 for the land when they made final
proof. He told a story about the time
they went up to look at their land afte- the
| first filing.
I'VE were driven out to the land from
Mullen" he said. "and found lot OF
boards scattered around, the shacks having
blown down. Then we went over 10 the
ranch and stayed all night. We Didn't
| sleep on the land at all. All of our ex-
penses were paid and we were furnished
round trip tickets from Grand Island to
Mullen and Broken Bow. We went up TO
the land three or four times and our ex-
penses were always paid. 1 never intended
to live on the land at ALL"
Mistake that Caused Friction.
The witness told of a mistake having
been made In his final proof papers and
the proof was rejected. He had some
words with Lambert regarding the Ielin-
quishment OF his homestead and they VI ere
not now on good terms At the outset he
believed that everything that Lambert
told them was the truth as he seemed To
be running 1t. He was the proprietor OF
the hotel at Mullen, where we a.wuys
stopped The leases were returned u US
last spring by Foreman Hoffgard Of the
U. B. ]. ranch. They were brought to VI
in person. This was after Blue went ur
|, to Deadwood TO see Ware. Tho leases re.
turned to me were mine. Bunn's, Blues and
John Hsrmon's and l handed them back
to the parties they belonged to-"
Mr. Mahoney began the cross-examina.
ton of the witness, ana had barely sol
started into 1t when the hour for adjourn.
ment arrived and a recess was taken Init
8 o'clock Wednesday morning.
|