Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-05
RED MAN DENIES SIGNATURE
Carlisle School Graduate Gives Spicy
Testimony in Land Case.
SAYS '-EOSE ELSE SIGNED NAME
in niger RuIes Acts of Congress
Rules of Interior Depart-
ht Constitute the Law I'm
the Case.

- olas Ruleau, an educated sioux IN
- rom the Pine Ridge agency. was the
of the Indian witnesses to testify in
Modisett land case He gave little
spice TO the monotpnous evidence given
by other witnesses by emphatically deny
ing that he had signed any contract with
the Modisetts or anyone else as a grazing
lease. When shown such a document he
said:
THAT Is my name all right, but 1 did
not sign Il. II is my signature, but did
not write 1t. The only papers that 1
signed we're long papers. No lease was
ever mentioned to me. The only other
papers that signed we're the application
for an entry and the ahidavit, and another
paper / afterward signed at the agency
to relinquish my land in Nebraska This
REIMBURSEMENT was signed by me on Sep
tember 6, 1904 remember the day be-
cause 1t was beef issue day at the agency.
made my filing at Rushville at the sug-
gestion of w. C.. smoot on July 26 of that
same year. He told me that the Modisetts
wanted to get men TO file on land In Ne
braska for $25. 1 went to Rushville with
ten or a dozen other Indians that day
and made the filing. told the district
clerk. Miss Stewart, that I didn't under
stand the papers was TO sign, but she
didn't pay any attention to me. After
signing the filing paper--I only signed
one-I was handed s25 by Frank Going.
who received the money from one of the
Modisetts, believe"
Such was the testimony brought out on
the cross-examination of this witness Fri
day afternoon.
MOdisetts to Improve Land.
Friday afternoons hearing opened with
~. n. II An a.. Il
testified he was chief clerk at the Pine
Ridge Indian agency and that ne was So
licited to make a filing for the Modisetts
by H. C. Dale at his office at the agency,
but that Dale was the principal spokesman.
He said
Mr.. Dale wanted me to make the filing
and that the Modisetts would make the
necessary improvements ON the land for
the use ot the grass for five years and they
would pay ell expenses Of filing. l went to
Rushvine and made the filing with four
other parties from the agency. We were
given to understand that persons in the
government employ would not have to live
on the land. 1 made the filing. 1 did not
sign any lease. The only talk about lease
was the one had at my office at the agency.
did not see the land before filing but
did visit It that fall. The land was a mile
or so from the Modisett ranch house, and
there was a small 10x12 house on It. l
think there was table In the house and a
bunk. made no improvements on the land
myself. did not give my address as at
Rushville, as appears in the papers, bet as
at Pine Ridge agency. did not authorize
anyone to give my address as at Rushvtlie. "
No Attempt TO Deceive Omcer.
| In his cross examination the witness said
There was no talk about turning the land
over to the Modisetts after had proved mp
We only talked little at Pine Ridge about
/ the use of the land for grass for the i'm
provements. had no intention Of deceiv-
ing any oficer Of the government in max
| ing my fling. / would not have made the
filing had not the fling expenses and i'm
provements been provided for by some one
else. Nothing was said about planting
trees on the lard as part Of the i'm
provements."
Pine Ridge agency testified similarly to the
preceding witness.
Charles A. Nash. station agent at Rush.
willie. testified that he had been solicited by
Dale to make filing and did so. He die
not execute a grass lease.
Dale informed me-" he said. that resi-
dence on the land was not necessary. Aftei
making my filing I went out to the land
and found It was located about three mieI
from the Modsett ranchhouse. There wal
a fairly good house, though small on th'
land. Inside of the house was a stove
bunk with hay ON II, some kerosene. ia
BILE and a couple Of barrels of chips FOL
fuel. / had never been there before.
stayed there about half an hour at thi
time. The house was pretty good one
about 12x14 in size I went out a second
time and stayed there all night and par
of the next day and took with me SOM
bedding and victuaIs. l went out agaiI
about six months afterwards. but stayeC
that night at the ranchhouse. though Wis
tied the land. I never went out Their
again. entered into no agreement to sci
the land to the Modisetts or anyone else.
Solicited to File, but Refused.
Melvin Baxter, blacksmith at the Pin
Ridge agency. testified to having been so
licited to make filing by Dale and one o
the Modisetts. and that he went to Rush
Vile with party for that purpose, but de
cided after he got TO Rushville that h
would not do so, and ala not.
Nicholas Ruleau. a Sioux Indian, VIII
spent ten years at the Indian school a
Carlisle, Pa, said in his direct examination
, land under the United States laws. I wa
} solicited by Mr.. smoot to make filing 70
} the Modisetts in Nebraska. He said the,
would give me SIS for doing 50. sal,
II I did not lose my right by so doing
would make the fling. He said that woul
be all right. smoot told me that woul
not have TO live ON the land. and so
went down TO Rushville and filed with sew
eral other Indians. After We signed tn
aling papers we got our money. Mr.. Mod
sett handed the money to Frank Going. an
Going handed the SIS to me. never wen
onto the land at all. / made the filing Jul
2S. 1904 at Rushville. / did not know wher
the land was"
Denies Signature To Lease.
Ruleau was then shown a paper allege
to be lease by Mr.. Gurley. but while h
said his name was signed to IT, he did nc
|. write the name nor did he ever see tn
, paper. The lease was a small paper abou
eight inches In length. but Ruleau insiste
that the only papers that he signed wer
|. long papers
The last witness Of the afternoon wa
Frank Going. a mixed blood Ogalalla siou
. Indian from the Pine Ridge agency. II
! testified that he had not received any alloi
ment OF land as an Indian. He had bee
solicited by Mr.. smoot 10 make the ilin
| for the MOdasetfs AT the agency In Itll,