Omaha daily bee., 1909-12-05
Lnmrerr Not nrcided.

r. S. Hall, the principal attorney for the
defendants in the Richard, Comstook, jane
son and Triplett cases, has not been Off
cially advised Of the decision Of the cir
cult court of appeals.
Il do not know what we shall do" said
Mr.. Hall, until we can see the decision.
All we know is from the press dispatches.
We are completely at sea in the present
status of the case, as 1 have not heard
word from st. Paul relative to the
matter"
w. F. Gurley, Of Gurley & Woodrough,
attorneys for 7. w. Huntington, Ami b.
Todd and Fred Hoyt, said:
I'VE do not know from the press dis
patches whether our clients are included
in the decision, affirming the Comstock and
Richard cases. Consequently we do not
know what further steps we shall take"
w have heard nothing further regard
Ing the case" said United States District
Attorney Goss," than appears in the press
dispatches. 1 do not know that the Hunt
lngton, Todd and Hoyt cases are included
in the decision, although the issues in
volved were exactly the same as in the
Comstock. Richards, Jameson and Triplett
cases. We have wired to st. Paul to get
further information as to the full scope
Oh inc uGClSiOil u OWlhB W Nv pSNhS
of Clerk Jordan. we have not yet re-
ceived a epV.
Court of Last Resort.
THE only recourse now left for the de-
PENDANTS included in the decision is to APP
ply to the supreme court of the United
States for a writ of certiorari, which is in
a measure equivalent to an appeal from
the decision of the circAit court of APP
poals. whether this win be done is a
matter that remains wholly with the at
torneys for the defendants"
The argument for the appeal before the
circuit court OF appeals in May was par
ticlpated in on behalf of the defendants
by Judge John Lacey of Wyoming, c. J..
Hughes, jr., Of Denver, present United
states senator from Colorado, with R. S.
Hall of Omaha. The governments inter-
ests were looked after by District Attorney
Charles A. Goss and Special Assistant At
torney General S. r. Rush.
In the trial of the case in Omaha, the
defendants, Richards, Comstock, Jameson
and Trlplett, were represented by r. s.
Hall, John F.. Stout and II. c. Bronze OF
Omaha and Judge A. w. Critics Of Chadron.
The government end was looked after by
District Attorney Goss and Assistant At
torney General Rush.
Down Come Fences
After a long fight both in the circuit and
district courts of the United States Com
stock and Richards were compelled to re-
move their fences.
Irving L. Baxter was at the time Of the
initial proceedings in the case United
States district attorney, A. w. Lane as
sistant district attorney, T. L. Mathews
Urited states marshal, and Sylvester R.
Rush special assistant district attorney.
An agreement was reached between the
United States district attorney and Rich
ard s. Hall, the principal attorney for
Comstock and Richards, whereby the de-
PENDANTS, w. G. Comstock and Bartlett
Richards. should enter a plea Of guilty to
the original indictment. assurances having
been given the and department that the
unlawful fences had been or were being
removed.
The plea OF guilty was accepted and late
that evening, some time early in Decem-
Der, 1906 the accused men were arraigned
before Judge w. II. Munger for sentence.
Neither Of the accused men had anything
to say why sentence should not be pro-
nouneed. Mr.. Han, their attorney, asked
that the court grant a minimum sentence,
as, owing to the prominence Of the &c.
cused and the fact hat their offense 1t
the best was but a technical one, the ends
OF justice would be amply subserved by a
nominal sentence. To this proposition the
district attorney acceded.
Baxter and Mathews Go out.
Judge Munger thereupon sentenced win
G. Comstock and Bartlett Richards to pay
a fine of $500 each. and to be confined In
the custody OF the United States marshal
for six hours
The fine was promptly paid. Marshal
Mathews was not in the court room at the
time OF passing sentence, but reached the
court house a short while afterwards, even
before Mr.. Hall and his clients had left
the building. Being Informed Of the SEN
tenoe, he turned the two men over to the
care OF Mr.. Hall as special cutodian, and
they were taken 10 the Omaha club and
entertained there for the six hours limit
OF their sentence.
A report was sent out that night by
telegraph that Mr.. Hall and his clients
were being entertained at the theater and
were having a good time generally.
As a result Of this report Which reached
President Roosevelt the following morning
States Marshal Mathews by telegraph.
the president ordered the removal OF United
Nor did the presidents Indignation end
here for a few days later he ordered the
removal or demanded the resignation OF
District Attorney Baxter on the grounds OF
inadequaoy OF the prosecution Of the cattle
barons.
Char.es A. Goss was subsequently APP
pointed TO succeed MT. Baxter as district
attorney, n William P. Warner as United
States marshal 20 succeed Mr. Mathews.
ma - uNHk -
spring 70 defraud the government by OBJ
talning fraudulent entries 70 public lands