Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-18
TALK BEGINS In LAND TRIAL
Testimony Completed and Lawyers Star
Final arguments to Jury.
no CONSPIRACY SHOWN, DECLARES DWYEI
Holds Defendants Acted Within the
Law When They Advanced
Money to HOmesteAdeFa
for improvements.

United States District Attorney Goss be-
gan the opening argument for the govern
ment in the land trial at 3 o'clock Wednes-
day afternoon. His argument was a clean,
lucid review OF the vast volume of testi-
mony which he undertook to show proved
the charge of conspiracy and subornation
of perjury, as well as the motive back Of
all of the alleged fraudulent land entries
to obtain possession of public lands for
private uses Mr.. Goss spoke for an hour
and twenty minutes, and was followed by
Mr.. d. O. Dwyer Of Plattsmouth Of counsel
for the defense.
Mr. Dryers argument was along the line
that the defendants in this case had not
been shown by any evidence thus far pro-
duced to have entered into any agreement
or conspiracy with anyone TO defraud the
government out OF an acre Of land. He
held that no construction OF law could con-
Wet these men Of a crime in locating home
steaders, or in agreeing to pay the ex-
penses of homesteaders during the time
they held the land or advancing money to
them for improvements on the lands that
they might make final proof, had there been
any violation Of law. but on the other hand
was in full compliance with the rulings
Of the land Office. Mr.. Dwyer concluded his
argument at 8 O'clock and Mr. Gurley will
take up the closing argument for the de-
Tense Thursday morning. Mr.. Rush will
close for the government
By agreement, the argument is limited 70
three hours to the side.
Character witnesses Testify.
No important evidence was introduced
during the afternoon hearing in the land
trial aside from the testimony OF the good
character Of the defendants. Those testify
ing were Supreme Court Commissioner N.
D. Jackson of Neigh, Frances A. White
of Omaha, Captain H. r Palmer Judge
Paul lesson of Nebraska City, Peter Thor
sen OF Gordon, Postmaster ]. H. Crowder
OF Gordon. Judge W. H. Westover Of sher-
idan county. Judge H. @. Travers of Cass
county, H. d. Wheeler OF Piattsmouth and
DR.. W. B. Mcdowell OF Merriman.
]. d. Scott OF Rushville court reporter
for that district, was called TO the stand
to impeach the evidence OF l. d. Hull re-
lating to the statement that Hull had inn
puted 10 Huntington that all old soldier
filings were TO be placed with different
ranchmen in Sheridan county. The witness
reported the preliminary hearing OF Hull
before the United States commissioner at
Rushville, when the cases were being fret
investigated.
James K Reid OF Hay Springs, second
vice president Of the Maverick Loan and
Trust company. testified briefly as to his
being at Gordon on October 5. 6, IS and 49,
1904. and the conversation had with the
old soldier entrymen at those times, and
that Fred Hoyt was not present az the
first Of these conferences, nor did he par
ticipate in the last conference.
The defense announced that II rested at
2:B O'Clock.
With the opening OF court Wednesday
morning Ami B. Todd was again on the
stand. He entered a general and specific
denial OF being in any conspiracy with
Bartlett Richards w. @. Comstock.
Thomas NJ Huntington. Fred Hoyt c. C.
Jameson, F. N. wolcott. James X. Reid
and Aquilla Triplett. directly or indirectly
Tor the purpose Of defrauding the govern
ment out OF land. or for suborning per-
jury In the matter Of alleged fraudulent