Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-08

ranch house. me and the other women
Then they took me out to q hollow where a
bear couldn't live and said that was my
land. They had me take a hammer and
drive four stakes. There was a little shack
Of a house on the land that looked like
little play house. Albert Modisett gave
me a handful Of peanuts and told me TO
80 into the shack and eat ing lunch there.
He said that was the law. mo. I never
intended to live on the land at all. For
the FIRST time I was out there done me
up on the looks OF that country. 1
wouldn't give cents OF a chaw OF tobacco
for the whole shooting match"
Hot AIR and No Money.
In her cross-examination Mrs. Allen said:
II saw after little talk that Modisetts
never intended to give me a red copper
cent. They made no contract with me
about buying the land. That was only
talk. did sign a grass contract but they
never paid me for that. 1 would like to
have that money. Them two men, Albert
Modisett and Fred Hoyt, came to me with
lies in their mouth. / got a letter from
Modisett about a REIMBURSEMENT He said
he would give me o for It, but I told him
wanted $50 and wouldn't sign II unless
he gave me the $50 Then 1 got letter
from them In August saying my land had
been contested. I didn't care. Let them
contest 1t. 1 wouldn't give chew OF to-
bacco for the whole patch. No. / did not
intend to deceive the officers Of the govern
ment or anybody. wouldn't tell a lie for
anybody nor for that whole country out
there. Yes, Modisett told me was to get
500 for each quarter and I. d. Hull told
me I was to get 500 for the first quarter
filed on. But I have never got nothing"
Herbert Bissounette. a Sioux Indian,
was one Of the party brought down from
the Pine Ridge agency to Rushville and
received t25 for making the filing. He was
solicited TO make the fling by Dale, who
came to his house on the agency for that
purpose. In relation to the grass lease the
witness said: THAT is my name signed to
the lease, but 1 did not sign It,"
Judge w. II. westover of Rushville was
permitted TO testify on behalf OF the de-
Tense as an accommodation, his presence
being required in Sheridan county on court
matters He testified merely as to the
good character of A. r. Modisett, A. NJ
Modisett, H. c. Dale and William c. Smoot
all OF whom he had known personally for
many years.
Mrs Emma T. Copeland of lincoln, a
soldiers widow, testified to being one Of
party of several soldiers widows who
had been solicited by the Modisetts to file
on land and had done so.
1--WE visited the land, going first to Cor
don. and after reaching the land were
shown tracts said to be ours" said the
witness. 1--WE we're furnished light lunch
of crackers, which we ate in the shanties
each on our own place, and then dug a
few shovelfuls of dirt We were told we
had to do these things and to drive four
stakes. We then drove back to Gordon.
We understood we were to lease the land
to the Modisetts for FIVE years for the
expenses. received no money from them
but my expense money Something was
said in Fred Hoyt's ONCE at Gordon about
disposlnR of the land when we proved up.
Mr. Modisett said to me: We are figuring
on buying this land when you get a deed
| for It or q patent "
In her cross-examina alton the witness said:
'T understand that what did on the land
was to identify me with the land. 1 had
no intention of deciding the land at the
time filed on it,"
Samples of Some Letters.
Mrs Mary A. Taylor Of Lyons testified to
having been solicited by letter from A. r.
Modisett to make, an additional filing for
$50 acres under the Kdnkaid law. She all
ready had filed on 16o acres in that same
vicinity. She nrade the filing as requested
and visited the land and related like ex-
perienee to that of Mrs. Copeland.
Letters written by the Modisetts to her
were introduced in evidence. One Of these
stated;
After you have proved UP, II you would
like to sell. we will try to buy it. Your
land Is on our ranch"
Another letter said:
when you come do not talk to news
paper men. as formerly or some Of them"
Other letters related to her claim being
on the township line and that there was an
excess Of land upon it, but that the Modi-
| sstts would pay for the extra land without
further expense to her.
The first witness of Monday afternoon
was George w. Cyphers OF Valentine, who
testified that he went to RuBhville with
two or three other men with the purpose
of making a filing at the solicitation of the
Modisetts and Dale, but after reaching
| Rushville decided not to do so.
Miss Amy ]. Stewart OF Rushville, district
clerk OF Sheridan county during 1904, testi-
ned regarding tho filings made the night
| Of July 20, 1904 and at other times In her
once, and the affixins of her jurat thereto
as clerk. She was paid the filing fees
by the Modisetts. In her cross-examination
she SAID: Il consulted with MT Albert
Modisett as to the legality Of the filings
made by the Indians and was satisfied
that they were perfectly legal"
Papers Properly signed.
In her redirect examination she said
| THE grass lease contracts were made Out
at my once at the request OF Mr.. Modisett
and was paid by the Modisetts for them
The only money paid me was the customary
fees. I received no extra compensation
for acknowledging these filings did not
afnx my signature 10 the papers unless
they were properly sworn to-"
Fred Hoyt United States commissioner al
Gordon, testified 20 the execution of tbs
Mrs. Sarah NJ. Allen papers before him n
1904 In his cross-examination he said: -
make It the invariable rule TO read al
papers to the afisnt before aff1xing my
jurat, and to see that the parties thor
oughly understand the same"
Mike KOzal. a carpenter OF Rushyille
testified 70 building two claim houses FOL
the Modisetts In 1901. They were twelve bS
fourteen feet In size. were good buildings
and he was paid for them by Albert Modi
sett.
J. c. Scott. special agent OF the genera
land Office. testified that he had VISITED