Omaha daily bee., 1909-12-05

and of s~ubornation of perjury in getting
entrymen to commit perjury in making
false oaths to homestead ~affidavits.
At the following session Of the federal
grand jury the accused men were in
dicted for conspiracy to defraud, suboring
PERJURY and maintaining Unlawful en-
closures in violation OF section $40 Of the
revised statues of the United States.
Appeal Pending Since May.
The now famous Nebraska land fraud
case was argued in the court of appeals in
May Of last year and has been since pend
ing. The decision is considered one of the
most Important affecting Nebraska handed
down In some time, the case be ng the
largest land case in the history of this
state and requiring thirty days in which
TO try.
The land company was made VI of Bart
lett Richards, Will G. Comstock, and c..
c.. jameson, a clerk. Along with the Of
ficers there were indicted Thomas w.
Huntington, a son OF Prof. Dewitt c.
Huntington. former chancellor of Nebraska
Wesleyan university; forme United States
Commissioner Fred Hoyt, A.. B. Todd, an
old soldier, and Aqui,la Triplet, who acted
as an agent for the land company.
The company held possession Of several
hundred thousand acres of government
land which, it is alleged, they fenced in
under the name OF Spade ranch, The
operations Of the company, 1t is claimed,
were extensive and enormous. BY. means
of fraudulent entries the government was
~defrauded out of much Of It's land in the
western portion Of the state.
The men were indicted under the same
charge, but there were two separate trials.
Richards, Comstock, jameson and Triplet
were tried together, and Hoyt, Todd and
Huntington together.
Year in Jail for Principals.
Messrs. Richards and Comstock were
fined $500 each and sentenced to one
year in the Douglas county Jail; Jameson
and Triplet were fined $500 each and sem
fenced to serve eight months in jail; Hunt
ington and Todd $1,000 each and three
months in jail and Hoyt $1,000. and remain
in jail until the fine was paid.
The men, along with F. NJ. Walcott and
James Reid, were indicted by the govern
ment on June IA, 1906, charged with con-
spiracy to defraud the United States out
of title, use and possession of vast tracts
OF public ,ands, and with subornation Of
perjury in procuring entryman to file on
these lands in Sheridan and Cherry coun-
ties. Nebraska. in the years 1901 and 1905,
Richards, Comstock and Jameson were
president, vice president and secretary
treasurer, respectively, OF the Nebraska
Land and Feeding company. Triplet, who
lives in Alliance, Neb.. acted as representa-
tive Of these men.
Trials Continue Long.
The trial of the first group was begun
November 10, and concluded December 20,
there being twenty-four days of actual
trial. The four defendants were found
guilty as charged; Walcott, who was tried
in the group was declared not guilty. The
four were found guilty Of thirty-six OF the
thirty-eight counts in the indictment
which. by the way, was the largest IN
dlctment ever returned in the United States
courts In this district. 1t contained over
500 typewriter pages and was OF forty
counts, two OF which were dropped before
trial Of the first group was begun. The
Jury was out but two hours for its de-
liberations.
The trial Of the first group was before
Judge w. II. Munger, while Judge T. G.
Munger presided at the trial Of the second
group, begun on April s, 1907. The men
Huntington, Todd, Hoyt and James Reid
were in this group. but Reid was not tried
This trial lasted but ten days, the verdict
Of guilty being returned on April IS.
Sentence upon the men found guilty on
December p. 1906, that being the first
group. was pronounced on March Is, 1901,
While those Of the second group were SEN
fenced on June 20 Of that year,
The cases may be \taken to the United
States supreme court, II a writ Of error
is allowed by the high tribunal but in
such cases the ehanee is extremely re
mote.