Omaha daily bee., 1907-01-04
JURY FOR MODISETT TRIAL
Seven Of Twelve Men for Big Land Case
Are Farmera
THIRN-stvEN WITNESSES sUsPoENAED
Defendants Are A. VI. and A. n. MOdi-
sett, n. @. Dale and w. c. smOOt
and Enclosure H. Forty
Thousand Acres.

! w; A. Colwell, farmer, OF Wood HlVer.
John Fitzgerald, hotel keeper, of Valley
| J. u. Lemon, grain dealer, of Ulysses.
G. l.. w. Smith, cheese manufacturer, of
John Lees. farmer, of Shelby.
| j. II. Mott, farmer, of Ashland.
w. II. Raymond, wholesale grocer. OF
w. l. Howard, farmer, of Lowell
William Ashby, travelling statesmen. of
Charles Krambach. farmer of Shelby.
These men constitute the jury drawn
Thursday morning to try the second of
| the big land cases in the United States
| district court. The defendants are A. NJ
Modisett. A. r. Modisett, II. c. Dale and
w. c. Smoot. They are charged by in
dictment of the fsdsra: grand jury Of con-
spiracy to defraud the United States out
of title to large tracts of government land
by means Of false, fraudulent and fictitious
entries, and for conspiracy to suborn per-
jury.
The lands in question are located in
Sheridan county. The total enclosure of
the Modlsett brothers comprises about
10000 acres, of which nearly 10000 acres are
alleged TO be public lafsds The attorneys
for the defense are w. F. Gurley and
Joseph w. Woodrough of Omaha. The in
terests Of the government will be looked
J after by District Attorney Charles A. Goss
and Special Attorney s. r. Rush.
| Government Makes Statement.
Tho selection of the Jury occupied the
entire forenoon. When court reassembled
at O'Clock Mr.. Rush made the opening
statement for the government. He said
| in effect that the first twelve counts of the
indictment made practically the same
charges of conspiracy to secure false,
fraudulent and fictitious filings on the pub
lie lands within the Modisett range, for the
] 80 49, ant
of title to such lands. The thirteenth TO
the seventeenth counts related to the con-
spiracy to suborn perjury.
A. r. and A. M. Modisett were cattlemen
and ranchmen and were interested in the
banking business at Rushville, while II.
c. Dale was the cashier of the Rushville
bank and William c. Smoot was assistant
government farmer at the Pine Ridge
agency.
Mr. Rush said: 1.-The government ex-
poets to prove that the defendants pro-
cured a number of Indians to make fraud
ulent and fictitious filings on the lands In
question, and that they paid the Indians
bonus of $25 per head for filing; that the
money was handed to the Indians by A. R.
Modisett or rather to one Frank Going.
an Indian, who acted as agent for the
Indians, and that these Indians were So
licited to make the filings by Mr. Smoot
The government will further show that
soldiers widows were solicited to make
filings with no intent of settlement on the
land and that that they were to be paid
500 per quarter for the land upon making
final proof, also that the defendants or their
agents went around and got the witnesses
to make a second affidavit, which while not
sworn to, bore the signatures OF the wit
nesses."
VIZ Wy oh cal a dnfanda
moved that the attorney for the govern
ment be required to state to the jury more
in detail the character of the alleged con-
spiracy and the methods by which the al
legged conspiracy was entered into and ac-
complished.
Judge Munger overruled the motion.
Statement of Defense.
Mr.. woodrough then took the indictment
and referred to the different counts in de-
tail, saying no conspiracy existed and that
the facts would show that crime was
committed or conspiracy entered into ''We
promise here at the outset to meet every
fact that the government may produce. -
said Mr.. Woodrough, land we shall well
come every fact and assist in laying it be-
fore the jury. We propose to show that
each and all of these defendants are men
of the highest character in their respective
communities, and truthful men. We will
show that the leasing of these lands from
entrymen for grazing purposes is lawful
proceeding, authorized by the Interior de-
partment.
I'VE will further show that the act Of a
homestead entry has not been completed in
; any instance but that the steps thus far
taken by the entrymen and women were
but preliminary steps, and that they had
. fdpht N six
grazing leases on these lands during the
five years pending final proof, and that
grazing the land Is equivalent to cultiva-
I ton and residence. We will further show
D that in the case of the Indian entrymen
! the Indians could not obtain title to the
: land under twenty-five years and that they
) were not required to go on the lands at all.
1--WE win show also that there was nc
conspiracy to defraud the government out
= OF use, possession or title to the land, and
4 that no agreement had been entered into
3 by these defendants any one Of them 70
= obtain title to the land after h1al proof
a We will further show that A. NJ. Modisett
kneY nothing of these transactions, ne be-
ing Tin Texas at the time, and that tbout
this same time he had announced his in
c tention OF quitting the cattle and ranch
: business entirely We win also show thai
: Mr. Dale had nothing at all to do with
< these transactions, nor did Mr.. Smoot."
The entire statement OF Mr.. Woodrough
! which took the greater part of the after
noon was specific and general denial OF
any crime or attempt at crime or conspir.
acy and a contention that every transac.
ton in securing Indians and others to ils
d on these lands and in the granting OF
e grazing leases was in full conformity with
the law. and that 1t was all done publicly
and with no attempt at concealment OF
criminal collision with anyone
An adjournment was taken at O'Clock
until $3.50 this morning, when Bruce Wilcox
, / registrar of the Alliance land ONCE, will be
called as the first witness by the govern.
ment to Identify fraudulent filings on the
land once records.
The attorneys for the defense have an.
E nounced that all of the defendants will b,
= placed on the stand during the trial.
Two Newspaper Men Excused.
The case was called at 10 a. m. Thursday
a A panel OF eighteen jurors drawn. in
: GLIDING the above named selected jurors
! Judge Edgar Howard editor Of the Tele-
! gram Of Columbus and W. NJ. Wheeler. q