Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-01
HEARINL ON FISHER CLAIM
Sioux County officials Tell Of Change Made
@ in Documents,
OF HEIRS TELLS HIS STORY
Fisher First Employed as Attorney,
and Later Claimed 20 Have Deed
60 the Land from Heirs
in Germany.
lrrom a star correspondent.l

LINCOLN, Feb. 2s.--(special Telegram)
THE house committee on claims spent
three hours tonight trying to get at the
bottom of the old claim filed before the
legislature four years ago and two years
ago by Allen @. Fisher of Chadron, first
for 5000 and then for sl1,5OO and again
this year by Henry Kaup of Cunning county
for 1850. Mr.. Fisher was not present. but
a letter from him was read in which he
offered to appear before the committee
after March Z. He IL now in Rapid City
on business. In the letter he declared he
had documents which would Justify his
position and he declared the agitation at
present Il for political effect
Halleck F. Rose appeared for Mr.. Fisher,
and his brother. Deputy Attorney General
w. b. Rose, appeared for the state.
The claim Is for the value of section
Of land in Sioux county formerly owned
by Herman Goedde. At his death 1t
escheated to the state because he had no
heirs living in this country. The land was
appraised at $500, which constituted
valid claim against the state, but when
the claim was presented to the legislature
Il was first for 5000 and later for $1,5OO.
Mr. Fisher did not present claim this
year. but in his letter said he had war
ranty deed for the land and an assign
HeuI OF lne AioAi NhS hNN' -
many. The deed Is In his wifes name
Documents Taken and Returned.
The story of the disappearance Of the
original appraisement from the office OF
the district clerk Of Sioux county and its
return later with the amount of the APP
praisement changed to $1i 500 has already
been published and was recounted tonight
by w. j. A. Raum, district clerk OF Sioux
49, 49,, 1f an
praisers, and John Series, another APP
praiser Both testified the original amount
of the nppraisement was $500 and the
original document showing the insertion
Of the figure Il" between the and was
exhibited. The discrepancy was first
noticed by e. F. Pontius, present district
clerk, when he made a certified copy of It,
Henry Kaup, a distant relative of the
German heirs who claims to represent
them was on the stand for some time. He
said he gave Fisher a power OF attorney
through J. II. Lindale of West Point, with
the understanding Fisher was to have all
he could get out of the state above 1850.
He said he had no understanding the
former claims were to be for more than
81 800. the appraised value of the land. He
was surprised when he learned of the large
amounts claimed by Fisher. He exhibited
letter from Fisher dated January in
which Fisher said he had a warranty deed
ito a lady he represented and an assign
ment of the claim from the heirs in Ger
many. He also said he had power of at
torney direct from them which superseded
any authority Kaup might have from them
He warned Kaup not to NEEDLE" and told
him II he filed any documents or made pub
lie anything which would cloud the title
he would resort to a damage suit and
appeal to the libel law Kaup then changed
his attorneys and went to Mayor Fred
Hunter OF West Point who now represents
him. Kaup showed letters from the heirs
IN Germany dated as late as September
1906, which do not mention any deed OF
power OF attorney to Fisher
Former District Clerk Raum was re-
called TO the stand and denied he evei
made out a certified copy Of the appraise
ment such as is supposed to have beer
fled with the auditor 1t developed prac
tically all of the documents relating TO tn
case have disappeared from the auditor
Office. The committee took no action las
night. but probably will give Fisher
hearing before acting.