Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-11
LAND MEN FOUND NOT GUILTY
kOdisetts, Dale and smoOt Are Acquitted
on Conspiracy Charges
JURY OUT ALL NIGHT AND PART OF DAY
: Gives instructions that Each
) mt Was overt Act and
Conviction on One
Was sumcient.


mot guilty in the manner and form as
charged in the Indictment" was the ver-
dict of the Jury at las Thursday morning
in the case of the United States against
Albert r. Modisett, Al Marie Modisett,
Horace C. Dale and william c. Smoot,
who were Jointly charged with conspiracy
to defraud the United States out of title,
use and possession of certain public lands
within the Modisett ranch enclosure and
for conspiracy to suborn perjury by means
of false, fraudulent and fictitious home
stead entries.
The jury went out at 5;S5 Wednesday
evening. Being unable to reach a verdict
during the night, the jury was permitted
to go to the Paxton hotel the remainder
of the night and resumed its deliberations
at o'clock Thursday morning. At
o'clock Thursday morning the jury came
into the court room to ask for additional
Instructions. The query was propounded
by W. H. Raymond foreman of the jury. as
to whether the jury could find a verdict
Of guilty against one, two, three or
more Of the parties perjuring themselves.
sufficient to show One.
Judge Munger said These are all diff
ferent overt acts 1t is sufficient to estab-
lish one. 1t is not necessary to show that
each overt act was committed, and to es-
tablish that a prior agreement existed be-
fore the overt act was committed. The
court forgot to instruct the jury yesterday
that the evidence of good character should
also be taken into consideration and given
due weight. The jury should remember,
too, that 1t was shown during the trial
that Mr.. Modisett had conference with
Mr. Bronze, a lawyer of Alliance, prior to
the procurement of these Ihlings and leases,
and was advised by him that Indians were
eligible parties to make homestead filings.
and that II was not unlawful to execute
leases on the lands for grazing purposes"
The jury then retired and came In again
at :S5 o'clock Thursday morning with
verdict of not guilty as to each defendant.
All of the defendants were in the court
room when the verdict was returned, as
were their attorneys and the attorneys for
the government.
Jury Discharged for Term.
The court, after thanking the jury for
its patient hearing of the case, discharged
It for the term. w. H. Raymond of the
wholesale grocery firm of Lincoln was the
foreman of the jury Mr.. Raymond was
asked as to the findings of the jury, but
declined to speak of them more than that:
I'VE agreed to find the defendants not
guilty in the manner and form as charged
in the indictment Further than this, do
not care to say anything"
The case went to trial January in the
United States district court and has hence
lasted Just seven days. The defendants
were indicted at the May term of the fed
eral grand jury for 1906 for conspiracy to
defraud the United States out OF title use
and possession to certain lands by means
OF false, fraudulent and fictitious home
stead entries and for conspiracy to suborn
perjury. The alleged filings were made
within what is known as the Modlsett
range. in Sheridan county. The indictment
occupied 166 pages and contained eighteen
counts. The government elected to go to
| trial on the first seventeen counts. The
specific charge of conspiracy related to the
procurement of filings by four or five citl-
Gems and two or three soldiers widows and
some eight or ten Sioux Indians.
Extent of MOdisett Tract.
The Modisett enclosure embraces. or did
prior to 1906 some 1900 acres. OF
which about 1000 is decided land. Only
about twenty-five entries were involved in
the hearing just closed. most of which were
made under the Kinkald law during the
summer OF 1904
Mr.. Gurley OF counsel for the defense
said
"I hardly know Just what to say. was
little afraid Of the jury at first, but l knew
we had a good case and that the law and
facts were with us. We have been very
! fairly treated by the papers. and the YER
dict is just one and under the evidence
could not have been otherwise than an
acquittal"
Mr.. woodrough-I want to thank The
1 Ras L., IL h..
US in its reports Of this case 1t has pub
| lishsd column after column Of the proceed
! ings of this trial and we have not the
| slightest fault to find with its report. 1
must admit that after the case went to the
jury and when 1t stayed out so long that
was a little uneasy but still l could not
see how any other than verdict of ac-
quittal could be given.
! Mr. Goss-I do not care TO be quoted in
the matter other than TO say that we think
tho government had a good case. but then
II was up TO the jury to determine the
question OF guilt or innocence. have no
comment TO make.
Defendants Make Statements.
A. NJ. Modlsett-The Bee has treated us
very fairly all during the trial and 1 am
grateful for 1t. knew as soon as the
facts could be brought out that the YER
dict would be Just as it is
| william @. Smoot-I am very glad we
have been vindicated. 1t is a serious thing
to be under a cloud like this, especially
when one holds a responsible public posi-
ton. The commissioner Of Indian affairs
Investigated these same charges a year or
so ago and exonerated me- But when 1
was indicted In May 1 asked for a fur
Tough as additional farmer and had a man
placed in my place until this trial was
over shall telegraph to the commissioner
at once and tell him OF my yindication and