Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1907-11-07
The WESTERN COUNTIES
He DID NOT MEAN TO LIE.
Frederick Nurnberser 10 Granted ,
New Trial by the Circuit Court.


New Trial by the Circuit Court.
Frederick Nurnberger of North Da.
kota, veteran Of the. Civil war, re.
Gently convicted Of subornation Of
perjury in connection with proving up
homestead claims in Ward county, is
granted new trial in a decision hand.
ed down by the United States circuit
court of appeals, which reverses the
Judgment Of the district court for the
district Of North Dakota.
Nuraterger formerly lived at Bow.
ling Green, Ohio, and In 1879 moved
to Richland county, North Dakota. In
lSoo he visited Ward county, and was
1avorably impressed with the public
lands there open to homestead set
tiers. Soon after he went back to
his old Ohio home, and interested
his old comrades and soldiers wild.
ows In the subject of homesteads in
Ward county. He obtained powers CT
attorney from number of veterans
authorizing him to make entries for
them under the homestead laws.
upon being advised that this plan
would not succeed, he took several
parties of old soldiers and soldiers.
widows to Minot, where thcy made af.
hdavits OF application for such lands
as Nurnberger selected and effected
entries on the same. He paid the e.
penses OF the parties, constructed the
shacks and cultivated the land under
an agreement that when final proofs
were made they should be decided to
him.
In 1903 he went to Ohio and organ
lied party of twelve widows of old
soldiers, who were taken to North Da-
kota where they made entries. A con.
tract was drawn up, the substance Of
which was that the applicant agreed
to go to the United States land Office
at Minot and make entry on lands Sc
lected for them by the defendant un-
der the homestead laws, and that the
applicant would make final proof and
perfect title. after which the lands
were to be conveyed to the defendant.
who on his part agreed to pay the ap-
plicant 5000 and all expenses, includ-
ing the trip to North Dakota and re-
turn.
Nurnberger was indicted on May 20,
1905, on a. charge of subOrnation of
perjury in procuring these cntrymen
to make false affidavits before the reg
lister of the land Office at Minot. The
indictment contained thirteen counts
He was convicted on seven counts and
Dakota penitentiary and fined 800.
The court of appeals holds that the
trial court erred in instructing the
Jury that II it found that the appli-
cants swore to statements which they
knew to be false they committed per-
jury. 1t authorized the jury to find"
says the court of appeals, that II the
atlantis did not intend to settle on the
lands the Oaths were criminal" The
appellate court says in substance that
If the atlantis believed that on account
of their position of privilege as old
soldiers it was not necessary for them
to settle on the lands and that the
statements in the affidavits were there
fore immaterial then perjury was not
committed.
The case was argued before Judges
Phillips, Sanborn and Hook. The bpin-
ion of the court is written by Judge
Phillips. There is brief dissenting
opinion by Judge Hook in which he
: says that the guilt of the defendant
, clearly appears.