Omaha daily bee., 1907-03-19
JAIL FOR LAND MEN
.cuntv Prison Terms a1d Fines Imposed
by Judge W. b. Aunger.
RICHARDS AND CoSsTOcK GET HEAVIEST
One ear and Fifteen Hundred Dollars
Each is Their Sentence.
FIVE HUNDRED AND EIGHT MONTHS OTHERS
Charlel Q. Jameson aud Aoquilla Triplett
Fall Heir to This Fate,
ALL GIVE NOTICE OF APPEALING CASE
Most Important of Land Fraud Prose-
cutiOns, I'm Course of witch
Two Federal Omcers Lose
Positions.
ALL GIVE NOTICE OF APPEALING CAS-

II.
don for a new trial in the cases OF Bartlett
Richards. VIII @. Comstock, Charles c.
Jameson and Aquilla Triplett in the United
States district court Monday morning and
sentenced tho accused as follows: Bartlett
Richards. a fine Of 81, 800 and one year In
the Douglas county jail VIII c. Comstock'
81 800 fine and one year In the Douglas
county Jail and Charles c. Jameson and
Aquilla Triplett, $500 fine and eight months
each in the Douglas county jail
The attorneys for the defendants at once
gave notice that they would file petition
in error. which is equivalent to an appeal
to the United States circuit court of ap-
peaIs for the Eighth circuit.
The appeal bond was at once fixed at
5000 in the case Of each defendant, which
was promptly given.
Judge Talks Briefly.
The preliminary remarks by Judge Nun
ger before passing sentence were very brief
and dwelt upon the questions raised by the
attorneys for the defenbe relative to the
empaneling Of the jury and the character
OF the evidence produced during the trial
''The question was formally asked Of each
Juror regarding his knowledge of the law
said Judge Munger, but there was no
error in that The question Of the disposi-
tion of the land and the intention OF the
entrymen was fully gone over in the evil
dence. and the fact that II was the inten-
ton to secure soldier entrymen who had
served longest bore out a possible unoer-
standing as to the ultimate transfer OF the
land. For these reasons the motion for
new trial is overruled and the defendants
are given the usual exceptions
All the defendants and their attorneys
were in the court room when the decision
was handed down. Among other specta-
tors were Thomas M. Huntington and T.
r. Hord and several OF the attorneys Tor
other land and cattlemen who have cases
pending before the court
IudRe Munger then asked the defendants
n they had anything to say as to why
sentence should not be passed.
ComstocI Makes speech.
WIN G. Comstock arose and, approaching
the bar, said In clear and distinct voice.
"It is possible at this time properly
explain my position in these matters mas
rnrch "a when this case was tried no de-
tense was presented. In these lahu Ut
lions we are acting under and by the aa-
,,,co os our attorney. who not only stands
high in his profession, but, possibly by
reason OF his familiarity with the practice
and customs of the land office, was more
caDable to give an opinion on the united
states land laws than any man IN the
state. His advice was that we were not
only clearly within our legal right out
also our moral right as having prevailed
in the Interior department for the last
thirty years at least This opinion OF ais
was corroborated by the Interior depart
nnent itself IN its action in the Peaf1nan
case. In this case an investigation was
made by a special agent of the government
IN an afidavit obtained showing the exact
paraIlel condition to this case. in Which we
fIx tVta Interior
department acting, as understood at the
time. under the special direction OF Secre-
tary Hitchcock, Immediately ordered pa
tent Issued for the land
Felt He Was Doing Right.
Relying on this opinion from two
different sources. 1 felt that was
doing nothing but what was clearly
within my rights, for certainly the
further thought from my mind was that
In any of these transactions was disobey-
ing the laws of my country. For we feel
that we have a right to depend upon our
legal advisers, as well as the Interior de-
partment itself. 1t has been my desire to
. SO live that when my allotted time should
come people would say that / had always
tried 10 be fair and just and do what was
right You. the judge Of this court, in
carrying out your duty. cannot inhict a
punishment that will cause me to feel
more deeply the humiliation. and this
brought about without any intention on
my part OF disobeying any law. / would
especially ask for your leniency because
one OF the defendants Mr Jameson, who
Is not a free agent in these matters, sim
plv a subordinate, but doing what he be-
ueved was right. knowing and relying upon
the opinions have outlined. No man OF
my acquaintance has greater sense Of
honor and integrity than has he"
Judge Critics Adds "a Word.
After Mr.. Comstock had concluded Judge
A. W. Critics of counsel for the defense
said;
Your honor wish 20 eorroborate all
that Mr.. Comslock has said. 1t has been
the practice In that country for more than
twenty-five years to acquire land I'm the
general method with which the defendants
are charged. I know this 10 be a fact
from many years residence in that section
and as a former land official. This prac-
tice has been observed with the cognizance
and knowledge OF high officials and with
the approval OF the government l have
known these leading defendants for many
years and their people before them and
have been associated with them in a busi-
ness way Tor many years. No men can
be farther from the intent Of wrong-doing.
These practices having been tolerated for
many years by the Interior department,
these defendants supposed they were doing
right The case referred 10 by Mr. Com
stock is identical in character with that Of
vyhish these defendants are charged, and
Il is known by all men that these decisions
have been accepted as the basis OF the land
laws We cannot attack the verdict Of the
Jury because your honor will not permit f.
An these defendants wanted 70 know was
what Is the law and how 70 obey IT,"
Judge Munger thereupon passed sentences
and the NTH chapter OF the famous land
case passed into history.
Most Famous OF the Land Cases.
public attention from all parts OF tho
country has been attracted TO this cass