Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-09
A. MARIE MODISETT GETS OUT
Eliminated from Land Tnal, ss he Proves
His Lack Of Connection.
MOI PARTNER OF BROTHER FOR TWO YEARS
: n. ModIsett, Horace c. Dale
ad william c. smoot Are
Left a. Defendants
of the Charges.

Al Marie Modisett has been eliminated
from the defense in the land trial In the
United States district court Judge Munger
Tuesday morning decided there was no
evidence to connect him with the alleged
frauds for which his brother, Albert X |
Modisett. Horace c. Dale and William G
smoot are being tried. The charge was
dismissed in his case when 1t was shown /
that since 1904 he had not been connected /
with the firm of Modisett Bros. but that /
A r Modisett constituted that firm him /
self.
A the opening OF the United States dis |
trict court Tuesday morning A r Modi- |
sett. one Of the principal defendants in the |
big land trial was put on the stand. 1t
was shown at the outset of his examina- /
ton that since early in 1900 he had been
the sole member Of the cattle and ranch
firm Of Modisett Bros. and that Marin
Mo6isets had nothing TO DO with the ranch
and cattls business Of the firm On this
matter Judge Munger said:
mo evidence has thus far been produced
in this case by the government that con
meets A. NJ Modisett with this case, and
the court may so direct the jury"
Statement of A. r. MOdisett.
The examination Of A r. Modisett was
conducted by Mr.. Gurley. principal attor-
ney for the defense. Mr.. Modisett said;
Il have been in the cattle and ranch
business near Rushville for about twenty
years. coming there from Montana. At the
time the Kinkaid act went into effect ]
was anxious with other cattle and ranch
men. to secure what filings we could under
that law within our range in order that
we might secure the grazing leases during
the time required for the entrymen and
women to prove up. The matter of secur-
ing Indians 20 make filings was first sug-
gested to me by Mr.. Margrave, fellow
ranchman in a conversation / had with
f4im at Reserve Kan. He asked me to Sc
cure some Indians TO file for him. I did
do so as well as securing a number for
myself. The transactions were perfectly
honorable and legitimate and without the
slightest intention OF wrongdoing or any
thought or purpose to defraud the govern
ment out OF title to the lands. We figured
that we could AFFORD to pay 800 for the
grass lease for the five years. and so to
assist the entrymen in fling and complying
with the law as regarding improvements
we agreed TO pay the necessary fling ex-
penses and put on the necessary improve
ments for the use OF the grass on the land
for the five years. These expenses and i'm
provements would about absorb the 500.
Case of Indians.
TN the case of the Indians, they were
! not required to make any improvements on
the land. we agreed to pay them S25 each
in addition to their expenses and filing fees.
/ secured several of these Indian filings for
Margrave and was reimbursed therefore by
him. l secured these Indian filings for
Margrave as a matter OF accommodation
TO him and for no other purpose. 1 never
paid Dale or smoot, nor did contract or
1 aan-
me- did tell Dale to pay the Indians SIS
each for me and their hotel Hills as a con-
sideration for the grass contracts on their
filings. i did have talk with Mrs. Sarah
NJ. Allen at Defiance, Ia. to induce her to
! file on the three additional quarters of land
| within our range that / might secure the
/ grass lease. / never made any proposition
/ to her nor to Mrs. Copeland relative 70
buying the land, as knew that would be
against the law. and / said to Mrs Cope
4 land. We must not talk about that, as Il
Is unlawful TO make any such a proposition.
/ entered into no conspiracy with A. NJ
Modisett, II. c. Dale or William c. Smoot
20 defraud the government out of title to
lands, nor did ! enter into any agreement
with any person TO suborn perjury No one
was interested in this business but myself
and my brother. Neither did / enter into
any conspiracy or agreement with anyone
to defraud the government in any way.
Fifty Sections OF Land
"Our ranch or range occupies about fifty
sections Of land. There are other filings
in the range aside from those mentioned in
this complaint About twenty-five, / think
| procured most of these hlings and put
improvements on god many of them /
did not put any improvements on the In
dian filings, though / did know that $50
improvements were required under
the Kinkaid Law before hnal proof
/ did not put any improve
ments on the Sarah Allen claim / put q
small house on some OF the claims, and q
fence on some Of them. ] know that the
law required $50 worth of improvements
or SIS per acre. Have been using the
Cloud claim for about twelve years No
improvements were put on 1t. The amour,
OF money in the grass contract was left
| blank. The Margrave contract the sans
, way. l was at Alliance, Neb.. on June 2S
1904. but not in the land once. This wai
: the day the Kinka1d filings were 70 bs
made. In my talk with Margrave at Re.
I serve. Kan, we discussed about gettinl
3 Indians to fle on the lands. He was hgar.
ing on getting Indians from Kansas to al,
on the land. i suggested that we could
4 get Indians from Pine Ridge to hle, as tn,
4 expense NOuio De less. IL was finally
agreed that / would get him some Pin,
! Ridge Indians to file. ! went from Re
I serve. Kan, to Defiance. Ia, TO see abou
other filings. that Of Mrs Allen and others
used the Allen land for grazing up q
lSO5. when the fences were taken down
Now II Is public range and anybody car
' use H. We were not supposed 10 buIlS
= any houses on the claims of soldiers
r widows and Indians.
: His View of the Law.
z My understanding OF the law was tina
h the $500 improvements must have been pu
: on the land before hnal proof Il made
e The improvements we placed On the Ian,
: were only initial improvements. The rea
e son that no houses were put on the soldiers
! widows claims WAS that they were no
+ under the Law expected to reside on tn
e land We didn't put houses on the India
Q claims because they never showed Up afte
e Ming and never asked that we should
Horace c. Dale. cashier OF the Stockmen'
bank OF Rushvflle. told briefly OF his paI
in the Transaction relating 70 the nlinS
Il which were OF perfunctOry ana un
e interesting character. This examination