Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-09
JURY IN LAND CASE
Twelve Men Selected to Try Huntington,
Todd and HOyt.
FIRST BIG TRIAL FOR THE APRIL TERM
Judge T. o. Munger Settles Down for Three
Weeks at sast.
RECORD As EVloEN GOVERNMENT
Transcript Of Former Trials is Being Read
Before the Jury.
CONSPIRACY CHARGE BASIS OF INDICTMENT
Special Attorney General Rush Ex-
plains the Bill In HIS Opening
address and Testimony
L. ORered.
CONSPIRACY CHARGE BASIS OF NDlCTMEN

These men will constitute the jury drawn
20 try the caA Of the United States against
Thomas NJ Huntington, Fred Hoyt and
Ami B. Todd for conspiracy to defraud the
government out OF use, possession and title
to large tracts Of public lands, conspiracy
to secure fraudulent filings on public lands
through old soldiers and others:
John w Beaver, Carleton, farmer.
A. O. Boggs, Fairbury insurance solici-
tor.
D. NJ. Connor. Centra! city. farmer
James 8 Goshorn, Chester. farmer
Nelson HaiC, berCSbrOG. merchant.
Silas Hofer Clarks, farmer.
Alfred G, Horney, Davenport, stock buyer.
w. g. Hazard, Pawnee City merchant.
Thomas n. JCnes, st James, miller.
Melvin W. Poland, Taylor, farmer.
John II Ritchie, Beaver Crossing, tele-
r. Sampson. Seward. merchant
Huntington, Hoyt and Todd.
The first OF the big land trials for the
April term Of court for the Omaha dis
trict Of the United States courts was called
before United States District Judge Thomas
c. Munger in the north court room Of the
federal building Monday morning, the de-
fencants being Thomas NJ Huntington,
Fred Hoyt and Ami b. Todd James X.
Reid was originally included in the indict-
ment, but on the proposition of the gov
ernment 1t was decided to eliminate Reid
from the trial on the ground that sufii-
cient evidence would not be forthcoming
as against this particular defendant to in
clude him in the present hearing
The defendants were all originally in
cluded in the big indictment brought
against Bartlett Richards VIII @. Com
stock, Charles c. Jameson Aquilla Trip
lett r. NJ wolcott, T. M Huntington
Fred Hoyt, Ami b. Todd and James X.
June. 1906, OF conspiracy TO defraud, suborn-
ing perjury, maintaining unlawful enclos-
ures OF public lands in violation OF section
6440 Revised Statutes OF the United States.
Charged with COnHpIrRcy.
The defendants were charged jointly, in
counts / to 80. inclusive, with conspiracy
TO defraud the government OF the title to
public lands, BY procuring slSty-three en-
trymen for speculative purposes and who
had no Intention OF residing on the lands
The defendants are also charged with con-
spirac: 10 uetraud the government Of itle
10 public lands by means OF ialse and
forge soldiers declaratory statements and
of conspiracy 20 suborn entrymen to make
fraudulent entries, and with conspiracy to
maintain unlawful enclo7ures of public
lands The counts in the indictment num-
bered forty and the land in question ag-
gregated closely TO $4,000 acres.
Tried in Groups.
The trial was hrst called in November,
1906, but by agreement of counsel II was
decided to divide the defendants into two
groups-Riehards, Comstock. TrIplett, Jane
son and Walcott being in the first group.
and Huntington. Reid, Todd and Hoyt in
the second group, The first trial lasted
thirty days resulting In the conviction OF
Richards, Comstock, Triplett and Jameson
and IN the acquittal Of WRcott
The defendants thus found guilty were
sentenced to pay a heavy fine and to terms
OF imprisonment in the Douglas county
jail. The case is now pending on appeal tc
the United States circuit court OF appeals.
At the outset OF the trial of the
second group OF defendants Monday
morning by agreement OF counsel Il
was decided TO proceed with the
trial of but three Of the defendants of the
second group. Huntington, Hoyt and Todd
the elimination of Reid from the trial be-
ing for reasons elsewhere given. The de
PENDANTS had already entered a plea o.
not guilty and 1t was dcided to proceed
with the trial on the FIRST thirty-eigh
counts OF the Indictment eliminating tn,
thirty ninth and fortieth counts, which re
fer exclusively to the maintaining of un
lawful enclosures OF public lands
Attorneys in the Case.
The attorneys for the defense are W. F
Gurley and j. W. Woodrough Of Omahs
and d. o. Dwyer OF Plattsmouth. The in
tsrssts Of the government will be looked
after by Special Assistant Attorney Gen
eral g. r. Rush and United States Distric
Attorney Charles r, GOss.
A vsnire OF twenty Jurors was sumnone,
20 the box for examination and chaIlenE,
and the twelve above named were selecte
trict Attorney Goss made the opening
statement to the panel and the jury wa
finally accepted at ls o'clock.
On motion OF the government the jur-
will be kept together during the entlr
trial. The attorneys for the defense oh
jectsd 10 the practical Imprisonment OF tn
jury during the tendency OF the trial as a
unnecessary hardship. Judge 7. c. MunEe
was Of opinion that the interests OF a
would best be conserved by keeping the jur
together, and gave the jury the usual ad
monition to refrain from forming any opin
ion in the case. 20 refrain from rsadin
the papers during the trial until after tn
evidence had all been produced and IN
case formally turned over 60 Il for de
liberation and verdict.
A recess was then taken until 9 D. m
when the government made its openIn
statement. followed by a statement OF IN
attorneys for the defense, denying the allie
CATION Of criminal intent or that any Grim
or conspiracy had been conceived. intende
or committed.
Rush opens the Case
special Assistant Attorney General Rus
occ,pied nearly an hour and a half in th
presentation OF the governments side {
the case TO the jury Monday Afternoon
The statement was chiefly an explanatio
OF the big Indictment from which he rea
eopiously. particularly as to those portion
that r.ferred 70 these particular defent
ants.
Mr. woodrough followed in statemsI
for the defense. which was In afrect thI
neither OF the defendants were in any wa
connected with any conspiracy or con
binauon with Richards and Comstock' b.
that the vocation OF the three defendant
Continued on Second Pase)