Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-19
JAIL FOR LAND MEN


Continued from First Page)
from the eminence of the defendants and
the issues involved II was given a special
notoriety from the fact that in a previous
case brought against these same defend
ants, Bartlett Richards and w @. Com
stock, for seeking to defraud the govern
ment out of title to large tract Of pub
lie land, they entered a plea Of guilty in
the late fall Of 1905. Both defendants were
sentenced to pay a fine of $500 each and
to be confined in the custody of the United
States marshal for six hours. Then, as
now, r. 8, Hail Of Omaha was the leading
attorney for the defendants and United
States Marshal T. L. Mathews turned the
accused men over to the care Of MIR. Hall
as a specially deputized deputy and they
spent their six hours imprisonment at the
Omaha club. The incident created a big
furore throughout the country and the
leniency exercised toward the defendants
ineensed the Department of the Interior
The result was that United States Marshal
Mathews and District Attorney Irving L.
Baxter were removed from Office. being
succeeded by william p. Warner and
Charles A Goss as marshal and district at
torney, respectively.
trict Attorney S. r. Rush was appointed
as special assistant district attorney and
was charged with the special duty of pro-
ceeding against all Of the cattle and land
men in Nebraska for violation of the land
and fencing laws. A number of special Sc
cret service men, under the direction Of
Lucien c. Wheeler was sent into this sec
ton to assist in ferreting out the land
frauds and Illegal filings. The result was
that a large number Of indictments were
brought and several convictions obtained,
the most notable Of which were those
against the Krause brothers, who have but
recently completed their sentences, and
the case against Rev. George G. Ware.
wherein the latter was sentenced to, pay
a fine of $1,000 and to be imprisoned in the
Douglas county Jail for one year The
final appeal on this case will be heard at
st. Louis May g.
Special efforts were directed against Bart
lett Richards and w. G. ComstocR the
leading officials Of the Nebraska Land and
Feeding company, who were charged with
procuring numerous Illegal filings under
the Kinkaid law and in May, 1906 an in
dictment of 800 or more pages, including
thirty or more counts, was returned against
them and other defendants. notably Bart
lett Richards, president of the Nebraska
Land and Feeding company; VIII G.. Com
stock. vice president; Charles c. Jameson,
secretary and manager; F. NJ. Wolcott,
Thomas NJ. Huntington, Fred Hoyt,
Aquilla Triplett, James c. Reid and Ami b.
Todd The case was called for trial No
vember II 1906, the general charge being
that Of conspiracy to defraud the United
States out of the use, possession and title
to large tracts of public lands in Sheridan
and Cherry counties by means of false,
fictitious and fraudulent entries and for
subornaton of perjury.
At the beginning OF the trial the defend
ants sought to attack the indictment on
account of the alleged inelgibihty of one
Of the jury commissioners which was
overruled by the court and then a motion
similarly failed to quash the Indictment.
The case then proceeded to trial, though
the defendants were divided into two
groups Richards, Comstock, Jameson, Trip
lett and wolcott comprising the first group,
and Huntington Hoyt, Reid and Todd the
second group. The trial of the first group
began November p and continued until
December 20, 1906 when the case was given
to the jury. The case was bitterly fought
at every step. over 100 witnesses were ex-
amined. including old soldiers from various
sections of the country and several women.
The jury was out scarcely two hours when
It returned a verdict Of guilty against
Richards, Comstock. Jameson and Triplett,
but not guilty as to F. NJ Wolcott.
The attorneys for the defendants were r.
S. Hall and Il c, Bronze of Omaha and
Judge A. w. Critics OF Chadron. The inter
ests OF the government were looked after
by Special Assistant District Attorney s.
r. Rush and District Attorney Charles A
Goss.
The defendants at once gave notice for a
new trial and the hearing set for Feb
ruary 4. 1907, but owing to the Illness Of
c. w. Pearsal, who made the stenographic
report OF the hearing. the record could not
be made up in time, and an extension was
granted until March IS. when the argument
was made on the motion for a new trial,
and on Monday morning Judge Munge.
handed down his decision overruling the
motion.
The transcript in the case occupied ov6O
Zoo pages Of typewriter matter, includ nE
800 pages of assignment of error.
The second group Of defendants in Guided
in the same indictment, whichsare FJunting
ton. Reid. Hoyt and Triplett, hav not vet
| been tried. Their trial will. how aver begin
at the April term of the feder Al courts in
Omaha.
| Piles CuFeE In n TO "A Dsava.