Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-11-24
JUROR BODEN ABLE FOR DUTY
Sick Man Resumes His Place and Land
Case Goes Forward.
QUESTION POSSIBLE IF He FALLS AGAIN
Government Determined 60 Avoid Fix
Perieuce Of ware Case, where
statutory Limit BObbed
IN ss an Obstacle.

The condition Of c. Z. Boden Of Sterling,
n federal court juror. was much improved
Friday morning and the trial Of the cattle
men gives promise OF proceeding without
interruption. There exists, however, q seri-
Gus question as to the effect Juror Bodcns
Illness might have in the event he might
later prove unable to continue with the
trial Well informed lawyers on constitu-
uonal law hold that trial cannot proceed
in a federal court without twelve jurors,
even though counsel might agree TO pro.
coed with eleven jurors
The proceedings Of Friday morning were
Of the usual formal character, with J. G.
Pettyjohn still on the stand and related
exclusively to the identification OF fling
papers and the record Of them on the val
entine land Office books. The examination
Of Mr.. Pettyjohn was concluded at noon
and covered an inquiry irto thirty-eight
entries with their accompanying papers.
This makes thus far including the nine
books Of the Valentine land office. 153 ex-
hihits numbered from to 1853 consecutlvely.
as merely a starter for the trial.
Mr.. Pettyjohn will not be recalled by the
government unless to Identify fling papers
that may have been overlooked by the
governments attorneys. The cross-exan-
ination OF Mr.. Pettyjohn began at 1:i5. p.
m. Friday.
Double Dismissal Recalled.
The appearance Of j. c. Pettyjohn, for
mer register at the Valentine land office
recalls the fact that he and Receiver A..
l.. Towle were relieved from their posi-
/ lions because Of the agitation Of the land
question in 1905 in the Valentine district.
| The office was closed upon the acceptance
| of the designations of Pettyiohn and
| Towle and remained closed for three
| months, when Luke NJ. Bates was ap-
pointed registrar early in the present year.
Practically all of the alleged illegal and
| fraudulent filings embraced in the thirty
! eight entries thus far examined were mAdo
during the administration of PettyJohn and
! Towle, and while these officers are not
charged with completely or collision in
any Of the fraudulent transactions, the
fact that the alleged fraudulent filings
had been made under their administration
of the ONCE was deemed sufficient reason TO
demand their designations.
| T. l.. Heath, United States commissioner
took the witness stand Friday afternoon
to be followed by a. L. Towle.
To Avoid Ware Case Trap.
II is the apparent purpose OF the govern.
nent to avoid the narrow margin of falling
into a trap as during the Ware trial. to have
all of these filings come within the statute
of limitations, so that the question OF statu
tory limit may not be included In the. OBJ
iections should the case go against til,
defendants. Regardless of the merits Of thu
case pro or con. the fact is apparent tina
the government has its case well in hand
and has loft nothing undone in the matte
of technical and general evidence to supper
its contention.
/ on the other hand the defense. as ha!
3 been shown has been equally dlligent ii
procuring refuting testimony and In tn
: preparation Of it's case. Possibly no cas-
has been brought 10 trial IN the fedora
courts anywhere with more accurate pro
! Iiminary preparation. It is battle roya
in fact and is attracting the attention o
r eminent lawyers not alone from Nebra SIX
+, but throughout tho entire cattle country
] Scarcely any decision in land matters tina
A is on record exists but what has bee
= brought in reference and the fight Will b
q point BY point and the trial will ge o
record as a precedent for all future Ian
trials.