Omaha daily bee., 1906-01-24

vi lthEt Wbulu bt lnNIciN dbTto-
ment for holding them to their contract"
81 never agreed at any time to buy the
lands for $50 or any other sum. nor was
there any such an understandings for 1
knew as did Lambert, that such an agree
ment would be unlawful"
In reference to the McKibbon matter he
said:
Lambert never talked with me in refer
ence to the McKibbon claim. 1 did not
know McKibbon and never saw him until
this trial. Neither did 1 talk with him
about McKibbon proving up Neither did
L ever have any conversation with him
about McKibbon or Brown proving up. 1
had few words with Lambert in June or
July 1904, about the Kinkaid act and addi-
tional filings.
Denies Making Payments.
July or :. 1904, Harris Franklin. Lam
bert and had a talk at the hotel in Null
len. Mr.. Franklin had been at Mullen then
about eight days. Lambert said some OF
his people wanted to file on the additional
three quarters under the Kinkaid act, and
l said had no objections. only in the mat
ter of expense. The matter was agreed to
under our original agreement. l said to
him: You people can never acquire title
to this land for they cannot expect to
i've On IL ANOlllHk Was Sdlu ut lInb Ut
any other time about paying the men $50
for their land after they had made final
proof, nor about any additional payment
under the Kinkaid law fling
Mr.. Franklin and Mr.. Lambert had
long talk in my presence at this time. Mr..
Franklin said to him i agreed In 1902 to
invest with Mr.. Ware in the land business.
He has invested some of this money in
what he calls soldier filings. But I will
not invest one dollar in such filing. Mr..
Ware told me you had taken legal advice
from a lawyer in Broken Bow, and that
so far the filings had been straight. So
/ allowed him TO go on. Now he tells me
some of these men desire to get a little
money for their ACCOMPLISHMENTS. 1 want
it understood that l do not want 1t. I
have ridden several days over the range
and have noticed these little dog kennels,
and this whole thing looks to me like
farce. You have told him these men could
make easy final proof because they were
wards Of the government. But that doesn't
go with me. If you can show me these
men have a right to prove up. give me
an example of 1t and have the proof con-
tested. If this pans out then I will take
up the question of releases.
warning to Lambert.
II then said to Lambert, now you under
stand everything But / said to him,
don't you deed that quarter section to
me, because IL is absolutely contrary to
our agreement
'In the matter of the remittance of the
$3.50 to LTnbert nothing was said in refer
ence to any payment being made of $50
each to Brown and McKibbon. 1 sent
Lambert money from time to time as he
needed II. returned the leases 10 Hof-
gard and directed him to return them to
the parties named/therein.
1.-THE letter written to J. c. Blue from
Deadwood about the return OF the leases
was written by my sister. Miss Grace Ware.
at my direction. ] afterward told Blue to go
to Hofgard and get the leases. This was
done in order that the soldiers might stand
| in their true light in the matter of proving
up Nothing was said by me to Blue about
a contract to buy the lands. told him the
best thing he could do was to cut loose,
and said to him: You can tell the boys ]
| am Just as ready now as at any time TO
| help them ,'
There was no intention at any time to
defraud the government out of any land or
any part of land on the part OF the L, b. J.
company or any one else. I knew nothing
about any arrangement for Iowa men on a
500 or any other basis.
II directed the shanty built at the south
east part of the u. B. ]. ranch by Inman
as a shelter for the party who had some
hay cut there for such length of time as
| he could feed it. The hay was cut by a
man named Gardner and was bought by me
for the L. b. I. cattle. The shanty was
built for this purpose and not for holding
down claim"
! Ware Under CrOss-Fire.
! The cross-examination Of Mr.. Ware oc-
cupied but an hour and fifteen minutes
He said: MY object in assisting the old
soldiers was exactly the same object that
| had in view in assisting any man who
settled on the range. There was no object
to get possession of the land I paid al
the expenses openly and above board and
everybody knows II. The purpose was &c
permit cattle to Craze on the range.
paid Lambert In advance and made fur.
Their advances on the basis of expense
entries. I did not go over his accounts
but simply took his word for It. I paid the
expenses of contests on forsaken entries
! the purpose being to get good men ON these
| claims instead OF a gang of thieves, anC
| to kill of the cattle rustlers. / did il a.
my right as an American citizen, and Il
prevent cattle thieves from coming into tn,
country. II IL true that Lambert did no
get very THRU class of farmers. the,
We're mostly ret. cd farmers. l told Lam
bert I was not buying titles. that l coulC
buy the whole country that way, and tina
knew what l could do without his tell
ing me. I got the McKibben deed mad,
out in Wheeler's name. I did not ge
Wheeler's permission to use his name, bu
1 instructed Lambert to not use my mann
in the deed. In sense l paid for tn,
deed. ] have not changed the title but
think the title has since been changed.
paid for 1t incidentally through Lamber
as a part of other expenses created befor
or after the transaction. stand ready a
before to help pay the expenses of oil
soldiers who desire to make filings"
Has Faith I'm Lambert.
Il have confidence In Mr. Lambert. VIVA
others may think of his reputation has n
effect upon me. / advanced him money Il
large sumo and without security"
Upon the conclusion of Mr.. Wares cross
examinati the defense rested.
Several witnesses were then introduce
to rebut the adverse testimony agains
I1amhert's character These were Rec
Boyer. Martin Stevenson. II. G. Boyer, E
X. Boyer and Hugh Boyer. all of ther
residents at or near Mullen during tn