Omaha daily bee., 1906-12-19

on the initial day Of the operation Of the
Kinkaid law. Practically all Of Mr.. Goss'
argument was a review Of the evidence
cOnhrming the circumstances Of conspiracy.
Fact Patent 20 All.
Any iB-year-old boy would know that
these men were violating the law at the
time" said Mr.. Goss None Of these old
soldiers OF other entrymsn or entry women
intended 70 live on the land and practically
all OF them admitted this fact on their d.
rect evidence. All they came for was
what they could get out Of It, and they
said 20. The evidence further shows that
they understood they were to dispose Of
the land 20 these defendants upon making
final proof for various sums"
Frequent reference was made to the in
eliminating letters written by Bartlett
Richards, Jameson and others in further
ance OF the conspiracy scheme.
Mr. qoss was frequently interrupted by
Mr. Hall. who charged him with know
ingly misstating the evidence, which
brought forth sharp rejoinders from Mr.
Goss. Judge Munger would occasionally
admonish counsel TO direct his remarks to
the jury and refrain from personalities.
defense Gives No Evidence"
Mr.. Goss concluded his argument at 2;SS
o'clock Tuesday afternoon with an elegant
peroration, in which he dwelt upon the
early settlement OF the west by men who,
while OF humble circumstances built here
a great empire.
Men who came here from the fiery fur
mace Of war" said he, men who turned
their swords into plowshares and made
these western plains blossom as the rose,
were men Of the most humble circum-
stances, who. availlng themselves Of a gov
ernment's liberality, acquired homes on the
free soil Of these fertile plains, suffered
the privations Of hunger. famine and pow
erty, yet by indomitable courage built up
homes by the honest sndeavor Of comply
ing with benefcent law"
Argument for the Defense.
H. c. Bronze opened the argument for the
defense. He began with review of the
testimony. Analysing 1t in general way.
Mr. Bronze said, in part:
This trial Ia but a test Of the strength
and power Of the government. / believe
in the enforcement Of law as you find it.
The government is not the men who hold
oficial position, but is constituted by the
great body Of the people of whom you and
are component parts. Is the government
strong enough TO administer justice2 Is
the government strong enough to give these
defendants an impartial trial before you
twelve impartial men in the face of public
prejudice and popular clamor? Men have
been sent to prison who have violated no
law The prosecution has sent special
agents up and down the land to discover
II the law has been violated and to secure
testimony in this case. They have had
their hands in the public treasury and
were drawing government salaries. They
wrought to please their superiors by show
ing up a wholesale violation OF the law.
Admitting that these defendants have pro-
cured men to file on lands and paid their
expenses, there has never been time in
the history OF this country that these de-
PENDANTS and others had not the right TO
do So The defendants had a right to lease
the lands as did the entryrnen to them.
It is the law The charges embodied in
this indictment allege that these defendants
conspired and combined TO obtain unlawful
title to public lands. II is up to the gov
eminent to prove these allegations. The
government has not done this, and under
the evidence you must declare these men
not guilty.
Real Question at Issue.
THE question at issue In this case Is,
did these men go into a conspiracy? No
proof has been produced that they did.
Will you convict these men, good, re-
/ sponsible, reputable citizens, just in re-
Spouse to public sentiment and popular
judgment on this evidence. Nobody ever
dreamed that these men have committed
crime unless It be: such as want to see
them punished. I believe in this matter
that the government has somewhere, some
how, been very lily advised 1t is true,
as has been said by the attorney for the
government, that this IS a rich corporation.
Shall sympathy and prejudice influence you
against these men9
"Rich or poor, high or low, all men and
motives should be measured by the same
/ standards Of justice and fairness"
Mr. Bronze concluded his argument at
O'Clock An adjournment was taken to
$50 this morning when Judge A. w. Critics
will resume the argument for the defense,
followed by r. s. Hail. when Special Dis
trict Attorney 8. r. Rush win close for