Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-26
WARE CASE READY FOR JURY
Long Trial of South Dakota Preacher
Almost at an End.
RUSH WILL CLOSE THIS MORNING
Defcudant's Counsel Declare He Made
10 Contract which Had for
It's Purpose Fraud in
Land Deals.

The beginning OF the end OF the Ware
trial is In sight, and the case will go TO the
jury Friday upon the completion Of Mr..
Rushs closing argument for the govern
ment.
The defense occupied the entire morning
NJ Thursday in the argument, which was
opened by Attorney Henry Frawley OF
Deadwood. S. D. Mr.. Frawley spoke an
hour and a half He made a succinct
analysis of the indictment against DIR.
Ware ami Lambert and asserted that not
single bona nde entry of land had been
proven under the indictment. He main
tanned that the old soldiers had undertaken
to exercise their rights by Ming because
they were poor. Yet It had not been
shown by the government that Mr.. Ware
had ever paid or authorized to be paid or
offered to pay $50 or any other sum for
any of these filings after the entrymen
had proved up. Lambert. the chief figure
OF this whole affair." he maintained, was
n. confessed perjurer and any statement
that he might make should be considered
accordingly"
Mahoncy Pleads for Ware.
Mr. Mahoney followed Mr.. Frawley and
spoke for an hour and a half. He stated
in effect that the meat in the cocoanut
OF this entire matter was, What is the
law" He analysed the definition Of the
words conspiracy, contract and agreement
and held that the only semblance to either
the conversation held between DIR.
Ware and Lambert in August or October,
1902 An indictment. he said, was no evil
dence. Neither were any specific overt
acts proven in completion Of any al
legged contract or conversation. IT, how
- III NaI
in accordance with the agreement alleged
by Lambert to have been made with DR..
Ware, whereby the sum OF $3.50 was to be
paid for a title to the land, then DR..
Ware was guilty. But there was no evil
dence except Lamberts unsupported state
ment that any such an agreement had
been entered into
Mr.. Mahoney further contended that Lam
bert had one kind of an agreement with
the soldiers. and another kind of an agree
ment with Mr.. Ware. The whole question
lay. he said, with the proposition, "Who
told the truth?" He then asked the jury
who of them would intrust a man Of LAM
berts character with $1,000 In closing. he
paid a high tribute TO Judge Munger for
the fairness Of all his rulings.
Rush Has the Floor.
Mr.. Rush began his closing argument
for the government at 2:40 Thursday after
noon. He said the effort of the defense
has been to befog the jury by trying to
show that Lambert is the principal figure
in this case. He continued:
During this transaction between LAM
bert and Ware thirty homesteads were
sought to be entered, involving nearly
10000 acres OF land inside the U. 3. /.
enclosure by fraudulent means and these
means were furnished by DR.. Ware. They
continued for years. but In Lambert and
Welsh alone they would not have lasted
over night. A cattle baron was needed to
give II potential force. If you are to go
on the theory that only the poor friendless
homesteader is TO be punished and the
cattle baron TO go free, when will justice
be done? We have shown from Lambert s
accounts. which are not disputed by Ware.
that considerable money passed between
them.
why did Lambert go away? He knew
day of wrath was near at hand. Lam
bert was Wares man. Remember we have
put Lambert where he belongs. There is
no escape for him. The connection of Ware
with the conspiracy is further shown in
the conference between Blue and Ware al
Deadwood when in their heart to heart
talk, Ware advised him to cut loose from
the cattle company"
Mr.. Rush had not concluded his argument
at O'Clock. and recess was taken tc
Friday morning. AT the close of Mr.. Rush's
talk Judge Munger will give his charge
to the Jury.