Omaha daily bee., 1906-02-28

this case, the crime is conspiracy 20
defraud the government out OF the title.
possession and use. of thousands OF acres
| OF public land, involving the false swearing
OF the entryman to the homestead am
davit, and the final proof, with that OF two
| witnesses. and the subornlng of these false
oaths by the defendant, I'm all eight direct
! offenses against the laws of the United
states IN each homestead entry charged IN
! counts upon which the defendant was
| found guilty 100 direct offenses against
! conspiracy TO defraud under such circum-
/ stances requires severe punishment and
| Imprisonment under the law.
Ware Insists on His Innocence.
| During the delivery of MIR. Rushs speech
Mrs. Ware came into the court room,
bringing with her John Harmal the old
soldier from Grand Island, whose afiidavi,
is on file with other papers in the motion
| for a new trial, and which was in effect
that Rev. Mr.. Ware had positively refused
to buy Harmalls land after he had made
| final proof on 1t. Mrs. Ware led Harmall
to seat inside the bar. just in the rear
OF where MIR. Ware sat, and then took her
place beside her husband
Judge Munger then addressed Ware, ask
ing him IL he wished to say anything. Mr..
Ware then arose and said
Il wish to reiteratc, the verdict of the
jury Notwithstanding. that | am not guilty
| OF conspiring with Frank Lambert or any
| one else of any intention to defraud the
government out of one acre or any number
| of acres of land. l am not guilty of maxi
| ing one or any number of fraudulent filings
on government or any other lands. / have
availed myself OF the privileges of the
public domain Tor the last quarter of a
century in the cattle business in South
Dakota and in Hooker county, Nebraska.
hut in all that time / never made
caused to be made any attempt to defraud
| the government of the United States
| cut of one acre of land Had I desired to
| procure fraudulent filings l could have
| done so for sl4 per filing. On the contrary
l paid Frank Lambert $50 and an add
| tional SIS besides this to secure lawful
filings on lands.
| Did Not know of Fraud.
Frank Lambert put the $50 into his
| pocket. and 1 did not know until the time
of the Investigations prior to my trial that
the filings had been fraudulent. The gov
eminent stiH has it's lands intact and tho
| s1i for the filings, and Frank Lambert has
his $50. l am stripped of everything
stripped OF reputation, of profession, and
can. of course, no longer minister to the
| spiritual wants of thousands OF my people
in South Dakota because of Lambert and
| the county clerk and county Judge OF
Hooker county. In the Black Hills of South
Dakota, where the name of Judge Munger
/ is synonymous with honor and magma
nimity, there has come to you a petition
! in my behalf for justice. You may not
| know the forces that are brought to bear
| to ask this of you.
when on Saturday Mr.. Rush stated that
Mr. Harmall old, decrepit, infirm and
of feeble mind, 10 say the least he was
misinformed. There stands Mir. Harmall
now pointing to HarmalD, in the vigor
of mature manhood, the youngest OF his
comrades of whom Mr.. Blue of the Sol
diers' home has said. John Harmall is the
youngest, strongest and brightest man
among US. | have had him brought here
! to prove this to you, and to show that
when Mr.. Rush charged him with being
! imbecle in mind and body that he is re-
flecting upon my integrity and cast dis
| trust ON me.
Little, Wife Breaks Down.
! While speaking Rev. Mr. Wares voice
| frequently quivered with emotion and the
| eyes of his faithful wife were closely
riveted upon him. The utmost silence pre-
vailed throughout the court room. and when
he had finished speaking Judge Munger
| said:
The court has one duty 10 perform and
! the jury another. The passing of sentence
is not so much to punish as to prevent
wrong doing"
After Judge Munger had pronounced the
sentence of the court Mrs. Ware. with
tears streaming down her checks, stepped
/ to the side OF her husband and embraced
him afTectionately, and Rev. Mr.. Ware
stopped and kissed her most tcnderly.
The remainder of the scene comprised the
filing of the appeal bond, which was signed
by Mr.. Ware and his securities, and the
case came TO an end. as far as this court
/ is concerned.
| In the meanwhile Mr.. Ware will be re-
4 leased on his bond, and the commitment
10 jaiI will not he made until the appeal is
disposed of.