The Havre herald., 1907-04-26

The following is the decision of tht
Great Falls Land office in the contes
which was started by special agent:
| OF the government, the hearing being
! held nearly five years after the set.
tier had made final proof.
Department Of the Interior, United
States Land Office, Great Fal.!
Montana, April %, 1907. .
The United States, Plaintiff, VS.. Henr,
J. Meili, Defendant, Involving Fl. r
9737, F. c. 157.
Oct. 8, 1897, Henry j. NIei,i filef
with the Clerk and Recorder of Cho-
TEAM County, Montana, his declaration
of ranch claim fer NEA sEA, Sec
81, 81 NWA, NWA sWA, Sec 33
4. 80 NJ, r. Is E., M NJ, fo~ 160 acres
of land unsurveyed. (See exhibit Al
March s, 1899 he made H. e. 9937
for NEA SEA, Sec. 80, NJ sWA
NWA sE14, Sec. 33, r. 33 N, R. Is
e., M. M, upon which T. c. 157 was
issued.
Dec. 20, 1905, by letter "P'' this Of
flee was instructed to issue notice of
charges against said entry upon the
report of special agent. Notice was
duly issued and served, and claimant
having applied for a hearing, the
same was ordered by letter "P" of
February 2, 1906, and on November
II, 1905, the defendant duly notified
that hearing would be had for the
taking OF testimony, on the 11th day
.of Marc'n1s 1907, before w. 3. Pyrer
U. 5. Commissioner at Havre, Mont.
At said hearing w. G. Good, Esq,
Special Agent, appeared ON behalf OF
the Government. the claimant appear
ing in person and with his witnesses.
The only questions to be considered
under the charges are, whether or not
claimant ever established actual re-
sidence on the land.
On this point the following witness
ses for the Government testify:
Joseph Gussenhoyen. That he
knows defendants homestead. that
during the time defendant held his
homestead, he lived good deal of
the time right there in Havre, that
he was a town officer and had rooms
where he lived back of his office. On
page 8, witness testifies that he does
not remember where the defendant
lived in 1901 to 1908. On cross ex-
animation witness admits that he is
not sure where defendant lived, but
was under the impression that it was
in town, on redirect examination
witness states that defendant main
tained a residence in Havre at least
part of the time in 1897 to 1903, but
he don't know that he was living
there a greater part Of the time.
George Bickle testsfies that claim
ant always lived at Havre from 1897
to 1902, never knew of his living on
his homestead
Frank 3. Churchill has lived IN
Havre since October, 1901, has known
defendant during that time, and te:-
titles, 'as far as home is concerned
could not state, he has been around
Havre," never visited defendants
home, was never on his homestead,
dom know whether he lived N Havre
Or elsewhere, never saw him except
in Havre, don't know where he lived,
have seen his rig hitched up, and
heard the statement that he was going
to his ranch.
DR.. J. s. Aamas has known de-
iendant for past Is years, had hunt
ed on defendants ranch, had called
IN Meili once Or twice at his ranch,
Meili kept house here, and had house
1t his ranch, just had room here to
stop in occasionally, went forwards
,nd back from town to ranch every
lag.
@. (by Mr.. Good) Did he stay here
/ part of the time?
A. Yes sir, had house here.
@. Know of any place else he was
living outside of the house you spoke
If? A. He lived on the ranch.
@. In ,Havre l mean. A. No, n
Iont.
@. Do you know IL he had any |
ooms, or keeping house in the rear
# office? A. Yes. he had rooms
here. l don't know that he was Iiy-
ng there, I know bis wife was on