Omaha daily bee., 1908-10-10

John l.. Walters OF Chicago, who was
one Of the early entrymen under the al
legged Chicago ranch compact. He stated
that he had made his entry in good faith
and intended to comply with all the re-
quirements of the laws relating to home
stead entry. He paid all of his own eX-
penses and made an effort to make i'm
provements on the land. The only inter-
est that he had with Mr.. Baird was to
secure him to make the location for him,
as he was ignorant of land conditions
in that territory. He personally solicited
Mr.. Baird to make the location for him
and later visited the land. He became a
member of the Chicago Ranch company
as a measure of mutual protection and
made the entry for his own personal use
and benefit lie subsequently relinquished
the claim because he became satisfied
that he could not comply with all the re-
quirements Of residence and because of
the general conditions then prevailing in
that country. He paid all his filing and
Improvement expenses.
Widow sim on Land.
Similar testimony was given by +. w.
Hatch and j. b. Weston. Mrs. Sarah Cop
peck, a soldiers widow, testified that she
had taken up the land in good faith, had
put over $500 Improvements on the land
and was stlll living on it. Her claim had
been contested at the instance of the gov
eminent, but the contest was withdrawn,
and later another contest was instituted by
private parties, which was still pending.
She had become a member of the Chicago
Ranch company through her son, though
personally she was not a member OF the
company. .
Other witnesses of the afternoon were
Scott Sides and Daniel b.. Moore of Chi
cago, the latter a veteran of the civil war,
whose breast was decorated with a con-
gressional medal of honor for valiant serv-
ices during the civil war. Mr.. Moore was
made a captain for gallantry during the
war, and in his evidence before the court
stated that he was past 20 years Of age.
He had made the entry on his claim in the
: best OF faith, and had already put over $500
worth of improvements on the land. He
had subsequently been induced to abandon
the claim on the theory that he had not
maintained a perpetual residence on the
land, although he had spent several months
thereon at intervals. He held that he had
made the entry in the best of faith and in
tended to- make the land his home, and
that he had paid all his expenses of filing
and entry.
Captain Moore was still on the stand
!, when the hour for closing court arrived.
5 He will resume his evidence at $3.50 this
5 morning.
Special Agent TestInea for state.
, L. M. Axline, a special agent Of the land
department from NJ, dicine Lodge Kan., was
the principal witness Friday morning. His
testimony was in effect that he was sent to
| investigate the conditions of the Chicago
i ranch in the fall Of 1905 and traversed the
; entire extent of the enclosure, finding the
fences I'm good condition. He also investi-
gated the matter of the alleged improve
; ments on the land, but did not find any of
TIE entrymen occupying the land or Inn
d proving the same with but a single excep-
T ton.
He visited most of the claim shacks and
U found that they were unoccupied and that
: no evidence was manifest that they had
i ever been occupied. The doors in a number
Of the shacks were open, but there was no
. particular evidence that they had been
u broken open. After he had completed his
{ Investigations he received a letter from w,
X. Coleman, but upon the objection of the
; government attorneys the letter was ex-
cluded.
1t was developed during the examination
OF this witness that w. r. Coleman, presi.
dent OF the Chicago Ranch company. had
died during November or December of 1906
Il The first witness Of Friday morning was
l Secretary c. F. Haywood, who was recalled
for cross-examinatiou, which was yer,
briet. The other witnes ses OF the forenoon
y were George NJ. Adams OF Crawford, q
lumber merchant who contracted with r
S. Baird and others Of the Chicago Ranci
company to build the claim shanties, twent,
in number, at $751; rs each.
William G. Farnsworth, an old sojdie
from Chicago, testified that he had givel
! his declaratory statement to F. s. Bair,
with the understanding that he was to b,
paid 500 for it when a filing was made
and that this filing was TO be made in Da
kota. He knew nothing about any Ne
braSka filings. He gave this declarator
statement TO Mr.. Baird In June, 1906, an,
" Baird subsequently told him that there wa
no land left in Dakota available for films
" and In the following February he sol
L Baird a REIMBURSEMENT for SIS. Baird ha,
10 never told him that he had made a film
lie for the witness. He understood that whe
lie he did make a filing that the title woul
* ultimately revert to Baird, Upon the OBJ
" lection OF the defense the evidence @
N Farnsworth was ruled out ana exclude
from the record on the ground that tn
30 transaction referred to did not come With
the period covered by the Indictment,
, one OF the $50 Filters.
Another witness OF the forenoon was +
L. CoXey Of Mount Vernon, O., a forme
resident of Chicago, who was one Of N
members of the Chicago Ranch compan
and who had made one Of the $50 class {
filings.
Thomas f. Allen, a land locator and re
estate man of Crawford. testified 10 havin
contracted with Baird. King. Coleman an
others relative to locating the entrymen G
the land and that he subsequently, eng
neered a deal whereby the Chicago rauc
people were enabled TO make filings {
what was then known as the Cooper trac
with its improvements. ia Dawes count
and secured the ACCOMPLISHMENTS for IN.
tract for $500, which was paid TO him /
Coleman in October. lS4.
Duncan Mcmillan, a surveyor OF Chadro
testified as to making the surveys for n
Chicago ranch and was paid therefor
Mr., Baird.
building Permits.
franciscan Monastery OF 81 cha.