Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-09-01
CASE SETTLED At LAST
Case Originated at Bismarck Land
Office - Much Evidence Has Been
introduced During the Course OF
the Trial Case Has Attracted
Much Notice.

Steele, N. D., Aug. 31.-Fred Phelps
of this place has received word from
the general land Office that the con-
test case in which his homestead
right north of town, was involved, has
been settled in his favor after a. two
years trial.
The case is one of much interest in
detail, but the points of greatest
interest to the general public are that
the case was twice decided against
Phelps, after first having been decided
in his favor, and later twice ruled
against him and then the ruling re-
versed in the general land office at
Washington. The case was first heard
a year ago early in December at Bis
marck, and Phelps won. He had been
contested by client of Attorney
Mockler Of Bismarck, on the grounds
of abandonment, and witnesses were
found to testify to his absence. But
he showed that he had been on the
homestead within the required six
months and had been obliged to take
his team and work on the railroad
grade near Edgeley. Other witnesses
knew that he had been on the claim
almost on the very dav of the date OF
the contest. Contestants attorney,
however, filed other testimony which
seemed to show insufficient or inef-
fective residence as to dates, and the
case on rehearing was reversed
against Phelps.
The latter got another hearing and
on this was also loser. But the
testimony, which was in part state
ment to contestants attorney by de-
PENDANT, was not signed by defendant,
and there having been some misunde~.
standig between the two, Phelps
claiming that he was willing to make
a full statement, and allow the gov
eminent to deprive him of his claim
if it thought it was just to do so. He
understood at the time that this
statement was not to jeporadize him,
but was made for the purpose Of sat
isfying the contestant principal that
the previous work of his attorneys
had been in good faith, and that the
contest had been started through in
sufficient information of error on part
of Witnesses. 49,.
; Having lost again Phelps gathered
more evidence from a number of res
idents who knew him and the con-
ditions, and Cochrane and Taylor Of
Bismarck sent the case to Washing
ton, where the local office was con-
firmed, and on second hearing or
review, sustained again. Then Mr..
Phelps got more evidence, and by ad-
wise of his attorneys and recommen-
dalton from the department, had an
attorney at Washington, Mr.. Herrick,
look after the case on the ground.
The result of the investigation and
review OF evidence, was the reversal
OF. the decision and final award of the
land to Phelps The case was the
hardest fought and the longest of any
contest in the county except that Of
the old Lyons-Steele contest for the
Steele tree :iaim, adjoining town.
Phelps has never abandoned his
claim in all the time of the litigation.
and has always been confident that
he would win out. His first attorney
locally was E. s. Elliott. =, The case
attracted a good deal Of notice here
while it was still within reach, but
had been less heard Of during the
last year. Mr.. Phelps is receiving the
congratulations of his friends.