Omaha daily bee., 1906-12-14

Surplus Profits, NO,uW
Branch Omces, Rushvie, Neb and Hay
Springs, Neb.
MAVERICK LOAN AND TRUST co.
Thomas NJ Huntington, President.
Fred Hoyt, First Vice President,
]. X, Reid, Second Vice President
Charles p. Breeseo, Secretary Treasurer.
GORDON, Neb., Aug. 4, l90L-Mr. /, d.
HUI, Woodbine la.-Dear Sir: There were
enteen who did not have their certificates
OF discharge. They are Lewis r. Gates
ana Washington J. Davis. We cannot
make settlement for these two until we as
certain their terms of service. They un-
doubtedly know how long they were in
the army, and l wish you would ascertain
this fact from each Of them and write me
bv return mail.
This is for a settlement with Comstock,
anu we do not care for certified copy
OF their discharge OF any paper at all.
We Just want 20 know how long they
We have made settlement for fifteen
today.
We have not got plats yet from. the land
Office but hope when we receive them
DO not fail to send this information by
elSt 9sirnedS deii THOMAS reNIpIgfIITPNTI nj
This letter to an old soldier entryman
was submitted in evidence by the govern
ment yesterday In the big land trial before
Judge Munger OF the federal court and
constituted the distinctive feature Of the
days proceedings, serving as it does, the
purpose Of the prosecution, undertaken at
the outset, to establish a firm connection
Of Thomas NJ. Huntington with the Bart
LETT Rlchsrds-W. G. Comstock movement.
The defense vehemently protested against
the admission Of the letter as evidence,
but was overruled by the court.
Government Rests Today.
The government has only two or three
witnesses yet to examine and expects to
rest its case this morning or afternoon at
most. II was stated yesterday tho de-
fense would spring a surprise in presenting
few witnesses Yesterday marked the
twenty-frst day Of the trial. sixty-hve
witnesses and 80 exhibits have been ex-
amined.
The trial has not been devoid OF humor-
Gus incidents. One developed in the closing
testimony of the witness, Il. F. Culp, an
old soldier from the Milford home. He
was being questioned by Mr.. Rush relative
to his second trip to his claim in Feb
ruary 1906. Mr.. Rush asked him:
did you see anything on the. land on
this second trip?"
| Witness-Yes, sir.
Mr.. Rush-well, Mr. Culp, now tell the
| jury what you saw on the land.
Witness-six inches of snow.
Mr.. Rush-Anything else?
Witness-Nothing but my filing.
No Thought of Residence.
John s. Dukes Of the Masonic home at
Plattsmouth was recalled Thursday morn
| ing for cross-examination. The witness
| said in reply to a query by MT Hall:
II saw sort of a house On what they
told me was my claim, but I did not say
in my direct examination that ! unlocked
the door of the house with a Rey. bed
the door was already open, and l did not
go into the house at all. There was no
stove or bed, nor anything else in the
house. / did not think there was any
thing wrong in getting help to get a home
stead up there. But my health was too
poor for me ever to think Of living on the
land"
Charles H. Payne, soldier living at the
Milford home, said:
Il saw MIR. Todd at Milford and asked
him myself about hlng on land, l under
stood ne was in the business. He said It
was all right and went with party to
Gordon and made a filing. II was my in
tention to live on the land when it became
mine. But l never did live on it, nor did 1
make any improvements on it."
/ John II Thresher, a merchant Of PlattB-
mouth and old soldier, testified TO hav-
ing been visited by Ami b. Todd, who pro-
posed to him 70 nle on land Il told him l
would do so and If he could run across a
good piece Of land TO locate II for me. I
went up to Ellsworth with Todd and Judge
Chapman of Plattsmouth and made the
filing Our expenses were all paid. The
papers were made out In Jarnesons ofice
at Ellsworth"
Excepts 60 ChnDman's Name.
Mr.. Hall--I object 10 the witness bringing
in the name of Judge Chapman unless the
government intends 70 summon Judge
Chapman as a witness in this case.
Mr.. Rush-I don't know whether we viii
or not.
Mr. Hall-Then ! except to any reference
TO Judge Chapman
I'VE went back to Ellsworth a second
time" continued the witness, "In April
1866 Judge Chapman went with me this
time. We drove out to the land we had
filed upon, which was some miles north OF
the Spade ranch house, We stayed out
there a couple OF days hunting though
was on the land only about half an hour
We paid all our bills on this trip. It wa,
my intention at this time 10 go onto IN,
land and make a home there. After return
ing 10 Plattsmouth / wrote to Jameson
about proving up and I received lettel
from him in which ne said that II l ex
pected TO prove up / would have 10 NOV,
my family up there. However, / did no
remove my family there nor have / eve
made any improvements on the land"
In his crOss-eXamlnation the witness said
: when / first went up 20 see the land q
was in good faith. ] would not have en-
tered the land at all had / not intende,
TO prove up on Il. But afterward / saw
! that q would be impossible for me 10 maxi
b living on the land and so have not beer
, | 10 Il since"
Mr.. Hail: Did Mr.. Chapman take up Ian,
just you did?
Witness: Yes sir.
MT Hall; This Mr.. Chapman Is Judg
Chapman. a former judge Of the distrlc
: court OF this state, is he not?
/ Witness: Yes, sir.
4 In his redirect examination the witnes
3 said:
Il Intended To take my family w thsr