Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-08
JUDGE RESERVES RULING
New Trial in Land Cases Submitted
to Court.
ARGUMENTS TAKE ENTIRE DAY
Decision on Points Raised by
ATTORNEYS for Defense Expected
from Judge T. G. Munger
EARLY Next Week.

trlal IN the cases OF Thomas M. Hunting
ton. Fred Hoyt and Ami b. Todd were
finished at 4 O'Clock yesterday afternoon.
and at their conclusion Judge T. c.
Munger, who presided at the trial. o.
nounced he would take the matter Sc
advisement and pass upon the y - ,Xc
soon as he could look over wv
evidence and the authorities Ct,
cision is looked for early neA eek.
Judge Munger returned to Lincoaa last
evening.
The afternoon was taken up with the
arguments Of Assistant Attorney General
Rush for the government and Mr.. Gurley
for the defendants. Mr.. Rush denied the
contention that there was any deficiency
of testimony connecting Fred Hoyt with
the conspiracy. He quoted from letters
of Mr. Hoyt. which were admitted in evil
dence during the trial, showing him to be
in full concurrence with the conspiracy,
and that on one occasion he had paid
sum of money TO some Of the soldier en-
trymen as the agent Of other consplrators.
Mr.. Gurley followed Mr.. Rush in the
further behalf Of the defendants and
elaborated TO considerable extent upon the
fact that no evidence was forthcoming
during the trial duplicating Fred Hoyt
in the alleged conspiracy. In the money
transaction referred to by Mr.. Rush, Mr..
Gurley insisted that Mr.. Hoyt simply
acted as a friend for Mr.. Huntington dur
ing the latter's absence in paying money
to the entryman Davis that Mr.. Hunting
ton had left with him for that purpose.
Hearing Begins Tuesday Morning.
Present at the hearing were all of the
defendants and their attorneys. w f.
Gurley and J. W. Woodrough OF Omaha
and d. o. Dwyer of Plattsmouth and AS
sistant Attorney General Rush and United
States District Attorney Goss. Many in
terested spectators we're also In the court
room. including W. M. Comstock and his
attorney, r. 8. Hall OF Omaha.
The argument was opened by Attorney
Woodrough In behalf of the defendants.
The basis OF Mr.. Woodroughs argument
was first to show that the instructions of
the court were insufficient as relating to
the case OF Fred Hoyt. He said the court
also erred in compelling Fred Hoyt to go
to trial in this case with two other men.
In discussing Mr.. Huntington's com
piicity in the matter, Mr.. woodrough said:
''rhe court erred in excluding certain tes-
tImony offered by Thomas M. Huntington.
letters from old soldiers. and special let
ter from one Uriah Clark of woodbine Ia.
Mr.. Woodrough undertook to show fur
ther that no conspiracy had existed and
that the only basis for such alleged con-
spiracy was the conversations that Mr..
Huntington had with Irving d. Hull in
sleeping car at Norfolk.
Conspiracy Main Charge.
The case now being argued is one
wherein Thomas M. Huntington and Fred
Hoyt. officers Of the Maverick Loan and
Trust company of Gordon and Rushville,
and Ami B. Todd of Plattsmouth, were
found guilty in April last Of conspiracy,
and conspiracy to suborn perjury to de-
fraud the United States out OF title. use
and possession to large tracts of land in
Sheridan and Cherry counties by means
of false, fictitious and fraudulent home
stead entries, procured from old soldiers
and soldiers widows.
The accused were part OF a group Of
nine men indicted in one general indict-
ment returned by the federal grand jury
in 1906 Of conspiracy and conspiracy to
suborn perjury In certain land transac-
tions. which were to occur to the benefit
of the Nebraska Land and Feeding COM
pany The indicted parties were Bartlett
Richards, William @. Comstock, Charles
C. Jameson, officials OF the Nebraska
Land and Feeding company; Aquilla Trip
lett. an alleged agent for the three former;
F. NJ Wolcott. an attorney OF Valentine;
Thomas NJ. Huntington, Fred Hoyt and
James c. Reid of Gordon, officers of the
Maverick Loan and Trust company. and
Ami b. Todd of Plattsmouth a land To-
cater and old soldier. The indictment was
one OF the largest ever brought in the
west, and the case went TO trial in No
vembeF. 1905,
The case was OF national interest and the
F.s.k 90 Nala fv,fa
case,
Trial n Battle Royal.
At the outset It was apparent the legal
battle was 20 be a royal one. The interests
Of the government were in charge OF spe-
cial District Attorney s. r. Rush and Dis
trict Attorney Charles A. Goss. After some
dilatory tactics the case was called for
trial before Judge W. H. Munger, and by
agreement of counsel the defendants were
divided into two groups. Richards, Com
stock, Jameson. Triplett and Walcott COM
posing the frst group. and Huntington.
Hoyt, Reid and Todd the second group, the
groups 10 be tried separately. The trial OF
the FIRST group began in November. 1906,
and continued thirty days. resulting in a
conviction Of all the defendants of this
group but r. M. waicott who was ac-
quilted. A new trial was applied for and
denied by Judge W. H. Munger. and in
February, 1907, Comstock. Richards and
Triplett were sentenced to pay a fine of
81 500 each and 70 be imprisoned in the
Douglas county Jail for one year. Jameson
was fined $500 and sentenced to eight
months Imprisonment in the Douglas
county Jail. An appeal was at once made
by all these defendants to the United States
circuit court OF appeals, where it is stin
pending.
Hearing of second Group.
The trial of the second group of de-
PENDANTS. Huntington, Hoyt. Reid and Todd
was begun In the United States district |
court before Judge Thomas C. Munger, in |
Omaha. April s. 1907. By agreement OF |
counsel it was decided to eliminate James |
C. Reid from the trial because OF an in |
suficiency OF evidence to warrant a prob |
ability OF his connection OF the charges |
made In the Indictment.
thousand or more pages OF the testi- |
mony produced in the trial OF the first |
group was admitted in evidence In this /
case. as the allegations were identical The |
trial lasted about two weeks and resulted /
In the cinviction OF Huntington. Hoyt and
Todd.
1sha .stov,,..rs - -. .-t...- -