Omaha daily bee., 1907-04-20
Jury Reaches Ieo.sion After Seventeen
Heun Of (onstant Dslibsration.
ALL THREE FILE MOTIONS FOR NEW TRIAL
Result Of Trial Surprise to Defendants,
Who Expected Disagreement.
COMPLETES LIST OF lhDlOTEO CATTLEHEN
Evidence I'm Last Hearing eliminates
Big Fight by Government Begin
ming with Richards and
COmstOck Case.

Guilty as charged In the Indictment
is the verdict OF the jury In the case OF
the United States against Thomas NJ. Hunt
ington, Fred Hoyt and Ami 3. Todd, who
have been trial for the last eleven days
on the charge OF conspiracy TO defraud the
United States out OF title. use and posses
sion Of about $4,000 acres Of land in sheri-
dan and Cherry counties, Nebraska, by
means Of false, fraudulent and fictitious
entries and for subornauon OF perjury. A
motion for a new trial was made.
The jury went out at o'clock Thursday
evening and came in with it's verdict at
1905 Friday morning.
The trial OF the case before Judge T. G.
Munger was almost Identical with that OF
the case against Bartlett Richards. VIII g.
Comstock, Charles c. Jameson and Aquills
Triplett, who were convicted in the former
trial, lasting thirty days. before Judge
w. H. Munger on identically the same in
dictment. which began November 10, 1905
and ended in a conviction on December ID
james X. Reid Escapes.
The present trial began April and con-
stituted the second group Of defendants,
namely. Thomas NJ. Huntington, Fred Hoyt.
Ami b. Todd and James X. Reid. 1t was
/ shown, however, at the outset OF the trial
| there was scarcely sufficient evidence 10
! implicatc James X. Reid IN the matter ana
his name was eliminated in the present
/ trial, Huntington. Todd and Hoyt being the
/ only defendants. II was also agreed be-
tween counsel that the trial should be had
only on thirtyrthree OF the thirty-eight
counts OF the Indictment as the i've
eliminated counts were such TO preclude
proof being given regarding them. These
4 were, however immaterial the same
| general charges were implied In the re-
naming thirty-three counts, and the gov
ernment asked a conviction only on these
thirty-three counts, and a verdict OF guilty
/ was returned on each OF them as to each
defendant The eliminated counts were the
eleventh. twenty-third. twenty-eighth,
thirty-sixth and thirty-eighth.
When the jury came in all the defendants
with their attorneys were present, as were
Special Assistant District Attorney General
Is r. Rush and District Attorney Goss.
When the verdict had been announced Mr.,
Gurley OF counsel for the defense asked
that the jury be polled, and each said
this was their verdict.
Ten Days for Action.
Mr.. Gurley at once gave notice that he
would file a motion for a new trial for
each OF the defendants Under the rules
Of the federal court the defendants will be
given ten days In which to file a motion
for a new trial and bill OF exceptions. and
they viii remain under their old bond
until this motion is disposed OF. which Is
5000 in each instance
The verdict OF conviction was in a meas
ure a surprise to the defendants. They
had expected a disagreement, or at least
an acquittal for Fred Hoyt, whose partici-
patton in the transactions as implied by
the indictment were at the best but lnci-
dental. However. the jury thought other
wise and though the matter Of Hoyt's
participation was literally discussed in the
jury room and there was some disposition
20 give him the beneft OF the doubt. the
jury finally reached the unanimous con-
clusion that II one was guilty all were
guilty. and rendered the verdict accord
ingly. There was never for a moment a
doubt in the mind OF the jury OF the guilt
OF Huntington and Todd. as charged In the
indictment, so at least is the admission
of several OF the jurors.
The trial just closed Is the elimination
Of the suit against Bartlett Richards. VIII
C. Comstock, Charles c. Jameson, Aquilia
Tripett, F. NJ. Walcott Thomas NJ. Hunt
ington. Fred Hoyt Ami b. Todd and James
X. Reid. who were jointly charged In an
indictment found by the federal grand Jury
in June. 1906. Of conspiracy to defraud.
subon and maintaining unlawful snclos-
ures OF the public lands In violation OF sec
ton $40 OF the United States statutes. The
Indictment embraced over 800 pages and the
defendants were jointly charged in counts
one 20 thirty inclusive with conspiracy "a
defraud the government OF the title to pub
lie lands by procuring sixty-three entry
men for speculative purposes. and who had
no intention OF residing on the land They
were also charged in count thirty-one with
title to public lands by means OF false ana
forged soldiers declaratory statements and
in counts thirty-two TO thirty-eight inciu-
sive with conspiracy 20 suborn entrymen
to make fraudulent entries Of the public
lands
Reads of Rte Corporation
Bartlett Richards, VIII G. Comstock ana
Charles c. Jameson were officers ana man
ayers Of the Nebraska l. nd and Feeding
company. Wyoming corporation, operating
in Sheridan and Cherry counties Nebraska
: Ami b. Todd and Aquilla Triplett were the
confidential agents OF these men IN securinR 2
fraudulent entries within their unlawful
enclosures OF public lands in what Is known
as the Spade. Oyerton and Char ranches
Thomas NJ. Huntington. Fred Hoyt and
James X. Reid were officers OF the Maverick
! Loan and Trust company. operating az
huHnHiAlft 1DlNnA anu nay EIflnEH. and
were charged with being active in pro-
curing fraudulent entrymen 70 hle within
the Nebraska Land and Feeding oompany's q
} enclosures. F. NJ. Walcott OF Valentine
was a lawyer and acted as the legal ad-
J wiser OF Richards and Comstock.
The case was set for trial at the No
vember. 1906 term OF the federal court in
Omaha. At the outset II was agreed be-
tween counsel that the defendants should
be divided into two groups for trial In
the first group were Bartlett Richards, Wul
@. Comstock Charles c. Jameson, Aauilia
Triplett and +. M Wacott and the trial
proceeded with these hye defendants. The
, trial began November ls and listed for
thirty days. The result was the conviction
OF all the defendants, except Il. N. wal
. cott, who was found not guilty.
I Motion for New Trial.
The usual motion for new trial wa