Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-21
CASES GO TO CIRCUIT COURT
Bonds Given for Men Convicted Of
Conspiracy to Defraud.
LAST OF LAND CASES AT OMA
Men Sentenced Thursday Were Tried
in April, After Men Held 10
De Principals Were
Convicted.

Thomas NJ Huntington and Ami B. Told
were sentenced by Judge T. c. Munger in
The United States district court Thursday
morning to pay a fine OF $1,000 each and
to be imprisoned in the Douglas county
Jail for the period Of three months Fred
Hoyt was sentenced to pay a fine Of A.OO'
and stand committed to the Douglas county
Jail until the fine was paid.
The sentences are the result Of the convic-
tion Of three men after a ten days trial In
the United States district court, April Is. OF
conspiracy to defraud the United States out
OF USE possession and title to large tracts
of land In Sheridan and Cherry counties by
means OF false, fraudulent and fictitious en-
tries and for subornatlon Of perjury
Immediately following the conviction of
the accused their attorneys filed motion
for a new trial and this motion was ar
gued before Judge T. c. Munger June T.
Judge Munger took the matter under ad-
visement and handed down his decision
Thursday morning. overruling the motion
for new trial and imposed the foregoing
sentences.
Immediately upon the announcement of
the sentences the defendants gave notice
OF appeal TO the United States circuit court
of appeals on a writ of error and executed
a bond in the sum OF 5000 each. PENDING
the hearing and decision on the appeal to
the circuit court of appeals the defendants
will be at liberty on their respective bonds.
History of the Case.
The conviction and sentence of Hunting
ton. Hoyt and Todd finishes the last of the
big land trials held in the United States
district court In Omaha. The accused con-
stitute the second or last group of de-
PENDANTS in the famous Richards and Com
stock case.
An Indictment was found by the federal
grand Jury in May, 1906 against Bartlett
Richards VIII G. Comstock, Charles C..
Jameson. president, vice president and sec
'retary and general manager, respectively,
OF the Nebraska Land and Feeding com
pany: Aquilla Triplett, agent; F. M. Wal
colt, attorney; Thomas NJ. Huntington,
Fred Hoyt. James c. Reid oficers Of the
Maverick Loan and Trust company OF Cor
don and Rushviile, and Ami p. TODD OF
Plattsmouth and Denver. q land locating
agent
The indictment comprised forty counts OF
over 500 closely typewriter pages, in
which the nine defendants were charged
with conspiracy to defraud the United
States out Of use. possession and title to
large tracts OF public land in Sheridan
ard Cherry counties by means of false,
fraudulent and fictitious entries and for
conspiracy to suborn perjury
Case Called to Trial.
The case was called for trial early In
November. 1906 and by agreement OF coun-
sol the defendants were divided into two
groups for trial, Messrs. Comstock, Rich
ards. Jameson. Triplett and Walcott con-
stituted the first group and Messrs. Hunt
u. IA
group.
The trial OF the first group began Novem-
her II. 1905 and continued before Judge w
II. Munger for thirty days, resulting in the
conviction of Richards, Comstock. Jameson
and Trlplett and the acquittal Of Walcott
The defendants moved for a new trial
which was denied them In February. 1907
and Richards and Comstock were sentenced
10 one year in the Douglas county jail ano
- pay fine of $500 each. Jameson and
Triplett were sentenced to eight months
imprisonment in the Douglas county jai
and to pay a fine of $500 each. This case Ia
now pending on appeal to the United States
circuit court OF appeals and probably viii
be finally determined next December.
second Group on Trial.
The second group OK defendants wa,
brought to trial April s, 1907. but at til,
outset It was determined that sufficient ev
dence would not be produced by the govern
ment to convict James C, Reid, one of tn,
defendants, and he was eliminated from the
trial The trial was held before Judge T. C
Munger. with Thomas NJ. Huntington. Free
Hoyt and Ami B. Todd as the only defend
ants The trial lasted ten days. Pursuan
10 the agreement OF the attorneys a vas
Folume OF the evidence produced during IN,
- A. -
IN evidence in this case. About thirty wit
aessss were examined orally, all OF whom
had testified at the former trial. April L
! verdict OF guilty was returned against tn,
hree defendants on all the counts upor
which the attorneys agreed TO 60 TO trial
Notice was at once given that a motor
Tor new trial would be filed. This motor
vas filed on June and was argued June 7
Ground for New Trial.
The general ground of the motion for /
iew trial was that no evidence had beer
introduced to connect Fred Hoyt In an,
I manner with the conspiracy; the cour
erred In some OF It's Instructions to tn,
ury. and that certain evid ace had beer
xcnded ana new evidence would b,
Produced TO show the defendant. Hunting
on. had acted In good faith and with tn,
hll determination Of complying with al
kthNQfN6 uA AAN AohAeoAGdQ laws IN HeCuf
Ing the nlings OF entrymen. and that hi
participation In the matter was merely tina
~ a locating agent
In handing down his decision In the cas-
Judge Munger ssid he had given the matte
much attention and the testimony givsr
m the case against Hoyt was hardly suf
hcient TO warrant his conviction OF tn,
charge OF conspiracy and the jury evidentI,
did not place such construction on hi
acts The exclusion OF the Clark letter.
was not an error. as there had been n,
proper foundation laid for the admission
OF such evidence. For these and othe
~ yns the motion for a new trial woul,
b overruled."
Exec lon to Ruling OF Court.
The ata .heys for the defense at ono,
took exception TO the ruling OF the court.
Judge ". II. Munger occupied a seat OF
the ben with his eolleaEus Judge II q